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ELCPartially AllowedNot stated in the judgment excerpt

Republic v Principal Secretary, Ministy of Lands, Housing & Urban Development & 7 others; Kodota & another (Ex parte Applicants) (Suing on Their Behalf and on Behalf of 24 others as Per the Attached List) (Judicial Review Application E002 of 2026) [2026] KEELC 3612 (KLR)

Environment and Land Court
11 June 2026
239 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan court granted permission to challenge a land decision but refused to freeze the status quo because the supporting evidence was six months old.

What this practically means

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Executive summary

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This is a short ex-tempore ruling of the Environment and Land Court at Malindi delivered by Mwangi Njoroge J on 11 June 2026 in a judicial review matter. The court considered an application dated 3 June 2026, which was amended orally on the day of the ruling. The judge granted leave to apply for judicial review as sought in prayers 2 and 3, and in prayer 5 as amended. The court, however, declined to direct that the leave operate as a stay. It reasoned that the letter relied upon in support of the stay was dated 9 December 2025 and was therefore stale, and that no record of events between that date and the date of the order had been availed to enable the court to appreciate the consequences of a stay order; consequently, no order of stay was shown to be deserved. The court then gave directions: the substantive Judicial Review Notice of Motion was to be filed and served within 21 days on all interested parties and the respondents, with an affidavit of service filed; the interested parties and respondents were to file replying affidavits within 14 days of service; and the matter was to be brought up early for the court's attention with a copy of the ruling attached to the substantive motion. The file was ordered closed. No authorities were cited, no costs order was made, and the ruling does not disclose the parties' names or the case number.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant should be granted leave as sought in the amended application dated 3/6/2026
  2. 2.Whether the leave granted should operate as a stay

Key legal issues

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01

Grant of leave to apply for judicial review

Holding

Leave granted as sought in prayers 2, 3 and 5 (as amended orally)

Reasoning

The court considered the application dated 3/6/2026, as amended orally on the date of the ruling, and found it fit to grant leave. No detailed reasoning is set out in the short ex-tempore ruling; the judge simply recorded satisfaction that leave was deserved.

p. 2
02

Whether leave should operate as a stay

Holding

Leave granted does not operate as a stay; stay refused

Reasoning

The judge held that the material relied on was stale and that no evidence of events between the date of the letter and the date of the order had been availed, so the court could not assess the consequences of a stay. On that basis no order of stay was shown to be deserved.

p. 2

Legal principles established

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  • Leave for judicial review may be granted at the leave stage even where the application is amended orally before the court

Court orders

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  1. 1.Leave granted as sought in prayer No. 2, prayer No. 3, and prayer No. 5 as amended
  2. 2.Leave not to operate as a stay - no stay order issued
  3. 3.Substantive Judicial Review Notice of Motion to be filed and served within 21 days from the date of the order on all Interested Parties and the Respondents, with an affidavit of service filed
  4. 4.All interested parties and respondents to file their replying affidavits within 14 days of service
  5. 5.The matter to be brought up early for the attention of the court, with a copy of the ruling attached to the substantive judicial review notice of motion
  6. 6.The file to be closed

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Judicial review jurisdiction of the Environment and Land Court (leave stage; specific statutory provision not cited in the ruling)

Relief refused

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Prayer that the leave granted operate as a stay

The letter relied on in support of the stay was stale and no evidence of intervening events was provided to show the consequences of a stay order

p. 2

Costs

No costs order made in the ruling

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

I have considered the application dated 3/6/2026 as amended orally today and I find that it is fit to grant the applicant leave, and I therefore grant leave as sought in prayers No. 2, and 3, and also prayer no 5 as amended.
p. 2Grant of leave for judicial review
No order of stay has therefore been shown to be deserved by the applicant.
p. 2Refusal of stay
The substantive Judicial Review Notice of Motion shall be filed and served within 21 days from the date of this order on all Interested Parties and the Respondents and an affidavit of service shall be filed.
p. 2Final orders - timelines for substantive motion

Issues in the judgment

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material

The ruling does not state the names of the parties or the case number; parties are referred to generically as 'the applicant', 'Respondents' and 'Interested Parties'

minor

The ruling does not specify which statutory or constitutional provision confers the judicial review jurisdiction invoked

minor

The text is paginated ('2') and appears to be an excerpt; no details of the underlying claim or the letter dated 9/12/2025 are set out

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 Principal Secretary, Ministy of Lands, Housing & Urban Development & 7 others; Kodota & another (Ex parte Applicants) (Suing on Their Behalf and on Behalf of 24 others as Per the Attached List) (Judicial Review Application E002 of 2026) [2026] KEELC 3612 (KLR)", Case Analysis (2026). Not stated in the judgment excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3612/eng@2026-06-11

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