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ELCStruck OutAmended Notice of Motion dated 7th October 2025 (ELC, Malindi)· [2026] KEELC 2802 (KLR)

Republic v County Government of Kilifi & 3 others; Ngala (Ex parte Applicant) (Environment and Land Civil Miscellaneous Application E005 of 2025) [2026] KEELC 2802 (KLR)

Environment and Land Court
12 May 2026
MNMwangi Njoroge
783 words in judgment
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The bottom line

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A Kenyan court struck out a judicial review case because the applicant filed one day late without permission, and no amendment could fix it.

What this practically means

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Executive summary

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The ex parte applicant moved the court by an Amended Notice of Motion dated 7th October 2025 seeking certiorari to quash a decision of the County Government of Kilifi made on 7th October 2024 concerning land known as plot numbers 372-xx 129 township, and mandamus commanding the County Government and the Land Registrar Kilifi from effecting that decision. The applicant alleged he owned the suit property, that the 1st and 2nd interested parties colluded to defraud him of it, and that the 1st respondent awarded the property to the 2nd interested party with compensation to the applicant after a flawed hearing, infringing his right to own property. The 2nd respondent filed grounds of opposition, arguing the application was premature, disclosed no cause of action against it, lacked evidence, and was an abuse of process. The interested parties argued the matter was a land dispute requiring an ordinary suit rather than judicial review, that the applicant lacked documentary proof of ownership and locus standi, and that the claim was time barred given the 1st interested party's registration as proprietor on 27th March 1998. The court did not reach these merits. Examining its own record, it found leave had been granted on 25th February 2025 to file the substantive motion within 21 days, expiring 18th March 2025. The motion filed on 19th March 2025 was out of time without fresh leave, hence a nullity with nothing to amend. The amended motion was struck out with costs to the respondents.

Key legal issues

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01

Whether the substantive judicial review motion was filed within time

Holding

The 21 days granted by the leave order lapsed on 18th March 2025 and the motion filed on 19th March 2025 was out of time and without leave, rendering it a nullity

Reasoning

The court examined the record and found leave was granted on 25th February 2025 with 21 days to file the substantive motion, expiring 18th March 2025. No fresh leave was sought to file out of time. The motion filed 19th March 2025 was therefore filed without leave and was a nullity, leaving nothing to amend.

p. 2
02

Whether the amended motion dated 7th October 2025 could cure the defect

Holding

No - an amended motion founded on a nullity is itself incompetent

Reasoning

Since the original motion of 19th March 2025 was filed out of time and was a nullity, there was nothing valid to amend. The amendment could not revive an incompetent pleading, so the amended motion dated 7th October 2025 was likewise incompetent and liable to be struck out.

p. 2

Legal principles established

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  • Leave to file a substantive judicial review application lapses after the period granted, and a substantive motion filed out of time without fresh leave is a nullity incapable of amendment

Court orders

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  1. 1.The Amended Notice of Motion dated 7/10/2025 is struck out
  2. 2.Costs of the application awarded to the respondents
Jurisdiction invoked
Judicial review under Order 40, Order 51 CPR, sections 1A, 1B, 3A and 63(c) CPA and Article 159(2)(d) of the Constitution (leave granted 25th February 2025)

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 Government of Kilifi & 3 others; Ngala (Ex parte Applicant) (Environment and Land Civil Miscellaneous Application E005 of 2025) [2026] KEELC 2802 (KLR)", Case Analysis (2026). Amended Notice of Motion dated 7th October 2025 (ELC, Malindi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2802/eng@2026-05-12

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