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ELCDismissedJudicial Review Notice of Motion dated 22nd January, 2026 (Minister's Appeal No. 201 of 2024 quashing application)· [2026] KEELC 909 (KLR)

JACOB M’LIBIURU M’MURAGA & another v STELLA NKOYAI

Environment and Land Court (judicial review jurisdiction under Law Reform Act)
12 February 2026
3,789 words in judgment
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The bottom line

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The Environment and Land Court in Meru dismissed a bid to quash a Minister's land appeal decision, confirming judicial review challenges process, not outcomes.

What this practically means

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Executive summary

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The Exparte Applicant moved the court by Notice of Motion dated 22nd January 2026, under Sections 8 and 9 of the Law Reform Act and Order 53 Rule 3 of the Civil Procedure Rules, seeking an order of Certiorari to quash the Respondent Minister's (DCC) decision of 17th July 2025, which allowed the Interested Party's Appeal to the Minister No. 201 of 2024 concerning a land adjudication dispute. The Applicant contended that the minister acted irrationally by disregarding the decisions of the Land Committee and the Arbitration Board, which had found the Applicant's family in occupation of the suit property for over 50 years; that the decision was ultra vires; and that it was procedurally flawed for disregarding crucial evidence, thereby violating fair administrative action and property rights. The Respondents, in grounds of opposition, maintained the minister's jurisdiction under Section 29 of the Land Adjudication Act, that he exercised independent discretion, rendered a reasoned decision and afforded the parties a fair hearing. The court framed three issues: rationality, ultra vires and procedural fairness. Applying the Pastoli formulation of illegality, irrationality and procedural impropriety, the court found the minister had conducted a full hearing, recorded and analysed the evidence, identified errors in the Arbitration Board's decision, and provided a rational and reasonable basis for his conclusion. Section 29 does not restrict the minister to a record review. The applicant invoked ultra vires 'in vacuum' without proof, and no procedural flaw was demonstrated; the parties had opportunity to testify, call witnesses and cross-examine, consistent with Article 47. The court emphasised that judicial review is not a merit appeal and cannot substitute the minister's decision. The application was dismissed with costs to the Respondents only, to be agreed or taxed.

Key legal issues

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01

Whether the minister acted irrationally in allowing the Interested Party's appeal

Holding

No irrationality was established; the minister's decision flowed from the evidence tendered and a reasoned analysis

Reasoning

The appeal heard by the minister was against the decision of the Arbitration Board, so he was duty bound to review those proceedings and the law. He conducted a hearing, recorded elaborate evidence, analysed the parties' cases and identified errors by the Arbitration Board and Land Adjudication Officer. The applicant tendered no evidence substantiating irrationality, and the court cannot substitute its own view of the merits for that of the minister.

p. 4
02

Whether the minister acted ultra vires his mandate

Holding

No; the minister's mandate is prescribed by Section 29 of the Land Adjudication Act and he acted within it

Reasoning

Section 29 permits the minister to hear and determine appeals but is silent on whether he must only review the record or may hear evidence. Where a provision is silent, the minister may proceed in any manner provided he observes natural justice, fair hearing, due process and the rule of law. The applicant invoked ultra vires in vacuum without applying it to the facts or proving a departure from the statute.

p. 5
03

Whether the minister's decision was procedurally flawed

Holding

No; the parties were afforded full procedural fairness under Article 47 of the Constitution

Reasoning

The proceedings show the parties were afforded opportunity to testify, call witnesses and cross-examine, complying with Article 47's requirement of fair, expeditious and efficient administrative action. That the decision went against the applicant does not connote procedural flaw. The applicant partook of and benefited from the ingredients underpinning procedural fairness: notice, opportunity to be heard, to present evidence and to cross-examine.

p. 7

Legal principles established

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  • Judicial review is concerned with illegality, irrationality and procedural impropriety, not the merits of the decision
  • A court on review cannot substitute its own decision for that of the administrator
  • An applicant who asserts a ground must prove it; assertions alone are insufficient

Court orders

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  1. 1.The Notice of Motion Application dated the 22nd of January, 2026 be and is hereby dismissed.
  2. 2.Costs of the application be and are hereby awarded to the Respondents only.
  3. 3.The costs shall be agreed upon and in default be taxed in the conventional manner.

Authorities

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Legislation

  • Law Reform ActSections 8 and 9
  • Civil Procedure RulesOrder 53 Rule 3
  • Land Adjudication ActSection 29
  • Constitution of Kenya, 2010Article 47

Cases cited (7)

  • Pastoli vs Kabale District Local Government Council & Others
    (2008) 2 EA 300
  • Council of Civil Service Union v Minister for the Civil Service
    [1985] AC 2
  • Francis Bahikirwe Muntu and others v Kyambogo University
    High Court, Kampala, Miscellaneous Application Number 643 of 2005 (UR)
  • Re An Application by Bukoba Gymkhana Club
    [1963] EA 478
  • Al-Mehdawi v Secretary of State for the Home Department
    [1990] AC 876
  • County Assembly of Kisumu & 2 others v Kisumu County Assembly Service Board & 6 others
    [2015] KECA 397 (KLR)
  • Kanda v. Government of Malaya
Jurisdiction invoked
Sections 8 and 9 of the Law Reform Act, Chapter 26 Laws of Kenya; Order 53 Rule 3 of the Civil Procedure Rules; inherent jurisdiction of the court

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, "JACOB M’LIBIURU M’MURAGA & another v STELLA NKOYAI", Case Analysis (2026). Judicial Review Notice of Motion dated 22nd January, 2026 (Minister's Appeal No. 201 of 2024 quashing application). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/909/eng@2026-02-12

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