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ELCDismissedJudicial Review Application – Notice of Motion dated 3rd December 2025 (not stated on judgment)· [2026] KEELC 1827 (KLR)

Republic v County Land Registrar & 9 others; Mlambo & another (Suing as the defunct Chairman and Treasurer respectively of the Executive Committee of Kishamba 'B' Group Ranch) (Ex parte Applicant) (Environment and Planning Judicial Review E001 of 2025) (Environment and Land) [2026] KEELC 1827 (KLR)

Environment and Land Court of Kenya
25 March 2026
4,244 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Taita Taveta community land registration challenge failed because the applicants offered no proof of illegality and simultaneously appealed the very judgment they wanted enforced.

What this practically means

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Executive summary

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The Exparte Applicants moved the court by Chamber Summons dated 27th November 2025 under Order 53 Rule 1 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, and, leave having been granted, filed a substantive Notice of Motion dated 3rd December 2025 seeking certiorari to quash the decision of 12th November 2025 and the Certificate of Registration of Kishamba 'B' Community issued by the Community Land Registrar – Taita Taveta County; prohibition of a meeting scheduled for 19th December 2025; mandamus compelling the Respondents to discharge statutory obligations under the Community Land Act and related laws; and that leave operate as a stay. The Applicants contended the registration was issued unilaterally, without public participation and in breach of the Community Land Act, following the court's judgment in Voi ELCLC No. 4 of 2024 directing registration of the community land. The Respondents opposed, arguing res judicata, that the registration complied with the judgment's 90-day directive, that the meeting had already been held, and that the Applicants had appealed and sought stay of the same judgment. Framing two issues, the court held the proceedings were not res judicata because post-judgment administrative conduct gave rise to a fresh cause of action. However, on the merits it found no credible evidence of procedural impropriety, illegality or jurisdictional error; the prohibition prayer was overtaken by events; and mandamus was refused as the Applicants could not challenge the judgment on appeal while simultaneously seeking its enforcement. The application dated 3rd December 2025 was dismissed with each party bearing own costs.

Key legal issues

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01

Whether the judicial review proceedings are res judicata in light of the judgment in Voi ELCLC No. 4 of 2024

Holding

The plea of res judicata fails because the application challenges administrative conduct arising after the judgment, constituting a fresh cause of action

Reasoning

The court applied section 7 of the Civil Procedure Act and its four elements, but found that although some issues overlapped with the earlier suit, the application was triggered by post-judgment events during implementation. Relying on the Supreme Court's decision in John Florence Maritime Services, it held that subsequent events giving rise to a fresh grievance constitute a distinct cause of action, so the proceedings were properly before the court.

p. 6
02

Whether certiorari should issue to quash the Certificate of Registration of Kishamba 'B' Community

Holding

Certiorari refused; the registration complied with the court's judgment and no illegality or procedural impropriety was proven

Reasoning

The Registrar received a Form CLA application with the community's constitution and a member list, within the 90-day timeline set by the court's judgment. No objection to the name was demonstrated and the applicants failed to substantiate claims of unilateral action, exclusion, lack of participation or statutory breach. The threshold for certiorari was therefore not met.

p. 7
03

Whether an order of prohibition should issue against the scheduled meeting

Holding

Prohibition refused; the meeting had already been held on 19th December 2025 in compliance with the judgment

Reasoning

Prohibition is prospective and pre-emptive; it cannot undo what has already been done, that being the province of certiorari. The evidence showed the meeting was convened pursuant to the judgment and no evidence showed it was held unlawfully or by unauthorised persons. Granting prohibition without quashing the completed act would be inefficacious.

p. 8
04

Whether an order of mandamus should issue compelling the Respondents to discharge statutory obligations

Holding

Mandamus refused; applicants lacked good faith having appealed and sought stay of the same judgment, and no specific statutory breach was shown

Reasoning

The court noted the applicants filed an appeal (Mombasa COACA No. E204/E208 of 2025) seeking stay of execution of the judgment while simultaneously seeking mandamus to enforce it. Approbating and reprobating, they did not come with clean hands. Further, they failed to demonstrate with specificity the statutory duties breached or resulting prejudice, so no basis for mandamus was laid.

p. 8

Legal principles established

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  • Res judicata does not apply where post-judgment events give rise to a fresh cause of action, such as subsequent administrative conduct challenged by judicial review
  • Prohibition is a prospective remedy and cannot issue against a decision or act already completed
  • A litigant cannot approbate and reprobate by challenging a judgment on appeal while simultaneously seeking its enforcement by mandamus
  • Certiorari will issue only where an administrative act is without jurisdiction, procedurally unfair or otherwise illegal, on credible evidence

Court orders

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  1. 1.The application dated 3rd December 2025 is dismissed.
  2. 2.Each party to bear own costs.

Authorities

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Legislation

  • Civil Procedure RulesOrder 53 Rule 1
  • Civil Procedure ActSection 3A
  • Civil Procedure ActSection 7
  • Community Land Act No. 27 of 2016Sections 7(6), 39–41, 47
  • Physical and Land Use Planning Act Cap. No. 13 of 2019not specified
  • Physical and Land Use Planning (Development Control Enforcement) Regulations 2021not specified
  • Constitution of KenyaArticle 63(4–5)
  • Group Representatives Act (now repealed)not specified

Cases cited (9)

  • John Florence Maritime Services Ltd & Another vs Cabinet Secretary Transport & Infrastructure & 3 Others (Petition 17 of 2015) (2021) KESC 39 (KLR) (Civ) (6 August 2021) (Judgment)
    (2021) KESC 39 (KLR) (Civ)
  • Republic vs Chesang M/S RM & others exparte Paul Karanja Kamange & others
    (2017) eKLR
  • SDA Church (E.A) Ltd vs P.S Ministry of Nairobi Metropolitan Development & another
    (2014) eKLR
  • Communication Commission of Kenya & 5 Others vs Royal Media Services Limited & 5 Others
    (2014) eKLR
  • Edwin Harold Dande & 3 Others vs British American Investments Co. (K) Ltd & Another
    (2023) eKLR
  • Republic vs Kenya National Examination Council Ex-parte Geoffrey Gathenji Njoroge & 9 Others
    [1997] eKLR
  • Republic vs. University of Nairobi Civil Application No. Nai. 73 of 2001
    [2002] 2 EA 572
  • Commission on Administrative Justice vs Kenya Vision 2030 Delivery Board & 2 others
    [2019] eKLR
  • R vs Dudsheath, ex parte, Meredith
    [1950] 2 ALL E.R. 741
Jurisdiction invoked
Order 53 Rule 1 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act

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 County Land Registrar & 9 others; Mlambo & another (Suing as the defunct Chairman and Treasurer respectively of the Executive Committee of Kishamba 'B' Group Ranch) (Ex parte Applicant) (Environment and Planning Judicial Review E001 of 2025)  (Environment and Land) [2026] KEELC 1827 (KLR)", Case Analysis (2026). Judicial Review Application – Notice of Motion dated 3rd December 2025 (not stated on judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1827/eng@2026-03-25

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