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ELCPartially AllowedJudicial Review Miscellaneous Application (Amended Notice of Motion dated 21/5/2021)

Republic v Mbeere South Sub County Deputy County Commissioner & 2 others; Ireri (Interested Party); Murage (Ex parte Applicant) (Environment and Land Case Judicial Review Application 6 of 2019) [2025] KEELC 8541 (KLR)

Environment and Land Court
24 November 2025
1,891 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court quashed a Minister's land appeal decision because it was filed late, confirming payment receipts alone don't count as filing an appeal.

What this practically means

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Executive summary

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By amended notice of motion dated 21/5/2021, Bernard Kabata Murage sought certiorari to quash the decision of 25/4/2019 in Minister's Appeal No. 423 of 2008 concerning parcel 1168 Kirima Adjudication Section, contending the appeal to the Minister was filed out of time, that the deceased parties were not substituted, that he was coerced into proceedings he was not party to, and that the Deputy County Commissioner relied on evidence not on record. The Interested Party maintained the appeal was filed on 14/7/1989 when fees were paid, and that the decision had since been implemented through subdivision of the parcel. The Respondents argued no procedural impropriety or breach of natural justice was proved and that the Applicant was inviting the court to re-open the merits. The court, applying Municipal Council of Mombasa v Republic, confined itself to the decision-making process. It held that under section 29(1) of the Land Adjudication Act an appeal must be in writing specifying grounds within 60 days; a payment receipt does not constitute an appeal. The written grounds of appeal were endorsed only on 16/8/1989, beyond the period expiring in July 1989, so the Minister acted without jurisdiction. The court rejected the substitution and coercion grounds, holding adjudication proceedings are not governed by strict civil procedure rules and the Applicant represented his late father's interest. Certiorari issued quashing the Minister's decision, with costs to the Applicant. Delivered virtually at Embu on 24 November 2025 by K. Bor, J.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the ex parte Applicant has made out a case for granting the orders sought, including whether the appeal to the Minister (Case No. 423 of 2008) was filed out of time and therefore entertained without jurisdiction
  2. 2.Whether the proceedings before the Minister were a nullity for failure to substitute the deceased party
  3. 3.Whether the Applicant was coerced and whether the Minister acted improperly in relying on evidence not before the Land Adjudication Officer

Key legal issues

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01

Whether the Minister's appeal was filed within the statutory period under section 29(1) of the Land Adjudication Act

Holding

The appeal was filed out of time; the certificate of payment and forwarding note did not establish timely filing, and the written grounds of appeal were endorsed only on 16/8/1989, beyond the 60-day period

Reasoning

Section 29(1) requires an appeal in writing specifying grounds within 60 days. The Interested Party relied on a payment receipt of 14/7/1989, but precedent holds a payment receipt is not an appeal. The form of grounds of appeal was stamped on 16/8/1989, outside the period. The Minister therefore entertained an appeal over which he had no jurisdiction.

p. 3
02

Whether failure to substitute the deceased respondent (Murage Irandu) vitiated the Minister's appeal

Holding

No; substitution is not mandatory in adjudication proceedings, and the Applicant represented his late father's interest

Reasoning

Following Dominic Musei Ikombo v Kyule Makau, proceedings under the Land Adjudication Act are not akin to civil proceedings; strict rules on capacity and letters of administration do not apply, and the DC had wide latitude. The son represented his father's interest and there was no evidence of coercion.

p. 3
03

Scope of judicial review over the Minister's decision

Holding

Judicial review concerns the decision-making process, not the merits; the court does not sit on appeal over the decision maker

Reasoning

Relying on Municipal Council of Mombasa v Republic, the court confined itself to legality and process: whether the decision maker had power and considered relevant matters. The impugned decision failed because the Minister lacked jurisdiction under section 29(1), not because of the merits.

p. 2

Legal principles established

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  • An appeal under section 29(1) of the Land Adjudication Act is properly filed only when it is in writing and specifies the grounds of appeal within sixty days; a mere payment receipt does not constitute filing an appeal
  • Where an appeal is lodged out of time, the Minister acts outside the jurisdiction conferred by section 29(1) in entertaining it

Court orders

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  1. 1.An order of certiorari issued to quash the Minister's decision dated 25/4/2019 in Appeal Case No. 423 of 2008 regarding land parcel no. 1168 Kirima Adjudication Section
  2. 2.The Applicant shall have costs of the application

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Judicial review jurisdiction over prerogative orders (certiorari) in respect of a Minister's appeal decision under the Land Adjudication Act

Relief refused

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Relief to the extent the appeal succeeded only on the limitation ground; other grounds (coercion, failure to substitute, reliance on extraneous evidence) were not made out

The court found the parties properly represented and no evidence of coercion or extraneous evidence

p. 4

Costs

The Applicant shall have costs of the application.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

An order of certiorari is issued to quash the Minister’s decision dated 25/4/2019 in Appeal Case No. 423 of 2008 regarding land parcel no. 1168 Kirima Adjudication Section.
p. 4Final orders - certiorari
Minister’s Appeal No. 423 of 2008 was filed out of time and the Minister acted outside the jurisdiction granted under Section 29(1) of the Adjudication Act when he entertained the appeal.
p. 3Jurisdiction - out of time appeal
Judicial review is concerned with the decision-making process and not the merits of the decision itself.
p. 2Scope of judicial review
These documents do not on establish that an appeal was filed within the prescribed statutory period.
p. 3Evidence of filing - payment receipt insufficient
The Applicant shall have costs of the application.
p. 4Costs

Issues in the judgment

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minor

Typographical error in the judgment: 'These documents do not on establish that an appeal was filed within the prescribed statutory period' (apparently 'do not on their own establish')

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Mbeere South Sub County Deputy County Commissioner & 2 others; Ireri (Interested Party); Murage (Ex parte Applicant) (Environment and Land Case Judicial Review Application 6 of 2019) [2025] KEELC 8541 (KLR)", Case Analysis (2025). Judicial Review Miscellaneous Application (Amended Notice of Motion dated 21/5/2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8541/eng@2025-11-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.