Wango v Ministry of Lands and Physical Planning (Environment and Land Miscellaneous Case E046 of 2025) [2025] KEELC 8392 (KLR)
The bottom line
#The High Court confirmed Kenya's six-month deadline for judicial review is absolute — no extensions, even for land restrictions challenged 11 years late.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application for leave to institute Judicial Review proceedings is time barred
- 2.Whether the Court has power to extend time to file Judicial Review proceedings
Key legal issues
#Whether the six-month limitation for leave to apply for certiorari under Section 9(3) of the Law Reform Act and Order 53 Rule 2 is mandatory
It is mandatory; leave cannot be granted outside six months from the date of the decision
Both Section 9(3) of the Law Reform Act and Order 53 Rule 2 of the Civil Procedure Rules are couched in mandatory terms that leave shall not be granted unless the application is made not later than six months after the decision. The Court of Appeal in Wilson Osolo held there is no power to extend that statutory time, and this position binds the Court. The decisions sought to be quashed were made in 2013 and 2014, and the Applicant showed no appeal or alternative engagement with the Respondent that would toll the period.
Whether the Court can extend time to file Judicial Review proceedings
No; there is no power to extend time for filing Judicial Review proceedings under the Law Reform Act or Order 53 Rule 2
Following Wilson Osolo v John Ojiambo Ochola, the six-month period is fixed by statute, and the extension mechanisms in the Civil Procedure Rules cannot enlarge a time limit set by statute. The Limitation of Actions Act offers no relief here. The Applicant was advised to pursue other remedies such as review, setting aside or appeal.
Legal principles established
#- Leave to apply for certiorari must be sought within six months of the decision, and the Court has no power to extend that time
Court orders
#- 1.The application dated 2/06/2025 seeking leave to file Judicial Review proceedings is dismissed as time-barred
- 2.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 53 of the Civil Procedure Rules and Section 9(3) of the Law Reform Act (Cap 26)
Relief refused
#Leave to apply for an order of certiorari to quash the restrictions placed on Ndumberi/Riabai/1900 on 4/11/2013 and 24/06/2014
Application filed 11 and 12 years after the decisions, far beyond the six-month statutory limit
Leave to apply for an order of mandamus to compel the Registrar of Lands to revoke the restrictions
Fell with the dismissal of the leave application; no leave could be granted on a time-barred application
Costs
Dismissed with no order as to costs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Thus, I accordingly hold that the application for leave having been filed on 2/06/2025 was brought to Court out of time and is thereby time-barred. The Court has no power to extend time to file Judicial Review proceedings.
The application for leave to institute Judicial Review is therefore time-barred and is thereby dismissed with no order as to costs.
the Applicant may choose to use other legal provisions and procedure by way of Review, setting aside or Appeal for an aggrieved party in the presenting circumstance. Thus, the leave sought is not available to the Applicant.
The six-month deadline for applying for an order of certiorari to quash a decision being a statutory requirement designed to ensure legal certainty and finality in judicial and administrative proceedings
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wango v Ministry of Lands and Physical Planning (Environment and Land Miscellaneous Case E046 of 2025) [2025] KEELC 8392 (KLR)", Case Analysis (2025). Judicial Review Application dated 2/06/2025 (leave application). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8392/eng@2025-12-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.