Ogao v Mogwasi (Acting as the legal representative of the Estate of Charles Onyari Ondieki - Deceased) & 4 others (Environment and Land Judicial Review Case E005 of 2025) [2026] KEELC 1402 (KLR)
The bottom line
#The High Court in Nyamira threw out a judicial review attempt to overturn a 2008 land tribunal decision because it was filed roughly 17 years too late.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court has jurisdiction to grant certiorari to quash the decision of the Nyamira Land Dispute Tribunal made on 14th May 2008
The Court lacks jurisdiction because leave was sought long after the six-month statutory period.
Order 53 rule 2 of the Civil Procedure Rules and section 9(3) of the Law Reform Act bar the grant of leave for certiorari unless the application for leave is made within six months of the proceeding sought to be quashed. The Tribunal decision was rendered on 14th May 2008 and the application was filed on 3rd August 2025, some sixteen to seventeen years later. The delay is incurable and ousts the Court's jurisdiction over the certiorari prayers.
Whether the prayers for prohibition and mandamus could issue
They could not; no leave was sought for those orders, and in any event judicial review cannot be used to challenge decisions of courts.
Prohibition and mandamus were mentioned in the Chamber Summons but no leave in respect thereof was sought, making those prayers premature. Further, the dispute over the suit property has already been litigated before the Environment and Land Court and the High Court, with suits dismissed as res judicata and appeals dismissed. Judicial review is not a vehicle for questioning decisions of courts, so even if leave had been sought the Court would have refused it.
Legal principles established
#- Jurisdiction is the entry point in any matter; without it proceedings come to an end and the court cannot take any further step.
- Leave for an order of certiorari must be sought within six months of the decision sought to be quashed under Order 53 rule 2 of the Civil Procedure Rules and section 9(3) of the Law Reform Act.
- Judicial review is not a procedure for questioning decisions of superior courts.
Court orders
#- 1.Prayer number 2 and 9 of the Chamber Summons are struck out
- 2.The rest of the prayers of the Chamber Summons are dismissed
- 3.Costs to the First to Fourth Respondents
- Jurisdiction invoked
- Order 53 Rule 1(1), (2) and (4) of the Civil Procedure Rules and Sections 8 and 9 of the Law Reform Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ogao v Mogwasi (Acting as the legal representative of the Estate of Charles Onyari Ondieki - Deceased) & 4 others (Environment and Land Judicial Review Case E005 of 2025) [2026] KEELC 1402 (KLR)", Case Analysis (2026). Judicial Review (Chamber Summons dated 23rd July 2025), Nyamira High Court. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1402/eng@2026-03-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.