Republic v Kajiado County Land Adjudication and Settlement Officer & another; Ngaru & 10 others (Interested Parties); Nkama Group Ranch (Suing through its Registered Officials and Group Representatives being Kerempu Ole Kaata, Noonkileti Ole Kaiyaa, Storia Ole Tepatet) (Ex parte Applicant) (Judicial Review E002 of 2025) [2025] KEELC 8582 (KLR)
The bottom line
#The Kajiado Environment and Land Court cancelled official letters recognising new trustees of Nkama Group Ranch because no elections had actually been held.
What this practically means
#Executive summary
#Key legal issues
#Whether the 1st Respondent's letters recognising the Interested Parties as trustees were lawful
The letters were quashed as unlawful, there being no evidence of the elections cited in the letters, and the letters misapplied a court order which had only directed a forensic audit and preservation of the suit parcels
The court examined the impugned letters of 17th December 2024 and 7th January 2025 and found the claimed basis for recognising new trustees did not exist on the record: no elections were held, and the referenced MCELC order of 12th November 2024 had merely ordered an independent forensic audit and restrained dealings with the ranch parcels. The 1st Respondent therefore bestowed duties and mandate on the Interested Parties contrary to the lower court's directive, and its decision was premature and erroneous pending conclusive determination of the issues.
Whether the Ex parte Applicant was entitled to the prerogative orders of certiorari, mandamus and prohibition
Yes; certiorari, mandamus and prohibition were all granted as sought
Having found the administrative decision unlawful and unsupported by evidence, the court granted the substantive prayers: quashing both impugned letters, compelling the 1st Respondent to recall any instruments conferring trustee status on the Interested Parties, and prohibiting the Interested Parties from acting as officials/trustees of the group ranch.
Legal principles established
#- In judicial review, the court focuses on the decision-making process and whether it was lawful, valid and correct, not the merits of the decision
- A public body may only act within its statutory mandate; absent evidence of elections, the 1st Respondent had no basis to recognise new trustees
- Where no elections have been held, the existing group representatives remain in office until elections are held
Court orders
#- 1.An order of certiorari quashing the letters dated 17th December 2024 Ref. No. GR/KAJ/5/5/323 and 7th January 2025 Ref. No. GR/KAJ/5/5/324 issued by the Kajiado County Land Adjudication and Settlement Officer acknowledging the Interested Parties as trustees of Nkama Group Ranch
- 2.An order of mandamus directed to the Kajiado County Land Adjudication and Settlement Officer compelling it to recall any letters, notifications or instruments conferring upon the Interested Parties the status of officials and/or trustees of Nkama Group Ranch
- 3.An order of prohibition restraining the Interested Parties from acting pursuant to the letters dated 17th December 2024 and 7th January 2025 or in any manner acting as officials and/or trustees of Nkama Group Ranch
- 4.Each party to bear own costs
- Jurisdiction invoked
- Articles 47 and 162(2)(b) of the Constitution; Sections 4, 7 and 9 of the Fair Administrative Actions Act; Sections 13(2) and 7(b) and (h) of the Environment and Land Court Act; Sections 8 and 9 of the Law Reform Act; Order 53 Rule 1 of the Civil Procedure (Amendment) Rules, 2020
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Kajiado County Land Adjudication and Settlement Officer & another; Ngaru & 10 others (Interested Parties); Nkama Group Ranch (Suing through its Registered Officials and Group Representatives being Kerempu Ole Kaata, Noonkileti Ole Kaiyaa, Storia Ole Tepatet) (Ex parte Applicant) (Judicial Review E002 of 2025) [2025] KEELC 8582 (KLR)", Case Analysis (2025). Judicial Review E114 of 2025 (Notice of Motion dated 5th February 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8582/eng@2025-12-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.