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ELCAllowedNot stated in judgment (Judicial Review application, Notice of Motion dated 17th November 2025)· [2026] KEELC 3185 (KLR)
Republic v Director Criminal Investigations; Seroney (Ex parte) (Environment and Land Judicial Review Case E002 of 2025) [2026] KEELC 3185 (KLR)
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·~4 min to read original · ~4 min briefThe bottom line
#The High Court ruled that the DCI cannot indefinitely restrict someone's land or hold their title deed without notice, reasons, or a deadline.
What this practically means
#Executive summary
#The Ex parte Applicant, Ziporah Jebichi Seroney, sought judicial review orders of certiorari, prohibition and mandamus by a Notice of Motion dated 17th November 2025, having previously obtained leave and enlargement of time by a ruling delivered on 3rd November 2025. She challenged a letter dated 24th February 2025 by which the Director of Criminal Investigations placed an indefinite restriction on her properties and withheld the original title deed for land parcel Nandi/Chepkumia/502, contending that the decision was made without reasons, notice or legal basis. The Respondent was duly served, as evidenced by affidavits of service, but did not appear or file a response. The court, applying Article 47 of the Constitution and the Fair Administrative Action Act, held that administrative decisions must be made expeditiously, efficiently, lawfully and procedurally fairly, and found the indefinite restriction imposed without notice or reasons to be unlawful, unreasonable and procedurally unfair. Relying on Communications Commission of Kenya v Royal Media Services (Supreme Court) on Article 23(3)(f) jurisdiction and Kirugi v Kabiya on the burden of proof on a balance of probabilities even in unopposed proceedings, the court found the Applicant had proved her claim. Judgment was entered for the Applicant: certiorari quashing the restriction decision, prohibition against continued withholding of the title deed, and mandamus directing the Respondent to conclude investigations within 14 days failing which the restriction would be removed. Costs were ordered to be in the cause. Delivered at Kapsabet on 21st May 2026 by G. M. A. Ong'ondo, J.
Key legal issues
#01
Whether the Respondent's indefinite restriction on the Applicant's land and withholding of the title deed, without notice or reasons, warranted judicial review relief
Holding
Yes. The decision in the letter dated 24th February 2025 was unlawful, unreasonable and procedurally unfair, attracting certiorari, prohibition and mandamus.
Reasoning
Article 47 of the Constitution, given effect by the Fair Administrative Action Act, guarantees every person fair administrative action. The restriction was indefinite and imposed without notice or reasons. The Respondent was duly served but chose not to appear or respond. The Applicant proved her claim on a balance of probabilities through her verifying affidavit and annexures ZS 1 to ZS 4, entitling her to the orders sought under Article 23(3).
p. 2
Legal principles established
#- Both public and private bodies making administrative decisions must act expeditiously, efficiently, lawfully and in a procedurally fair manner, and an indefinite administrative restriction imposed without notice or reasons is unlawful, unreasonable and procedurally unfair.
- The burden lies on a plaintiff/ex parte applicant to prove their case on a balance of probabilities even in unopposed (formal proof) proceedings.
Court orders
#- 1.An order of Certiorari to bring into court for quashing the entire decision of the Director of Criminal Investigations to place an indefinite restriction on the Applicant's properties as contained in the letter dated 24th February 2025
- 2.An order of Prohibition prohibiting the Respondent from withholding the original title deed for the suit land (Nandi/Chepkumia/502)
- 3.An order of Mandamus directing the Respondent to conclude their investigations within 14 days failing which the restriction placed as per the letter dated 24th February 2025 be removed
- 4.Costs be in the cause
- Jurisdiction invoked
- Article 23(3) of the Constitution of Kenya 2010 read with Articles 22 and 47, and sections 8 and 9 of the Law Reform Act (Cap 26)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Director Criminal Investigations; Seroney (Ex parte) (Environment and Land Judicial Review Case E002 of 2025) [2026] KEELC 3185 (KLR)", Case Analysis (2026). Not stated in judgment (Judicial Review application, Notice of Motion dated 17th November 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3185/eng@2026-05-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.