Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedJudicial Review Application (amended Notice of Motion dated 29th September, 2025)· [2026] KEELC 4718 (KLR)

Republic v Deputy County Commisioner - Kilungu & 5 others; Yulu (Ex parte Applicant) (Environment and Land Judicial Review Case E002 of 2023) [2026] KEELC 4718 (KLR)

Environment and Land Court
23 July 2026
1,953 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court in Makueni dismissed a landowner's judicial review challenge, confirming that government land adjudication decisions can only be overturned for process failures, not disagreements over the outcome.

What this practically means

#

Executive summary

#
The Ex-parte Applicant, Patrick Mbii Yulu, moved the court by amended Notice of Motion dated 29th September 2025 under Sections 8 and 9 of the Law Reform Act and Order 53 Rules 1 and 2 of the Civil Procedure Rules, 2010, seeking certiorari to quash the decision of the Deputy County Commissioner - Makueni County dated 30th May 2023 in Appeal to the Minister Case No. 91 of 2013 over Land Parcels No. 731 and 886 Wautu Adjudication Section, prohibition against its implementation, and mandamus compelling the entry of his name on the adjudication register for Plot No. 886. He contended that the 1st Respondent anchored the decision on a 1998 clan meeting without reasoning, ignored his evidence and grounds of appeal, and denied him a fair hearing, contrary to the rules of natural justice. The Respondents opposed, asserting the threshold for judicial review was not met and that the proceedings were fair. The Interested Parties filed no reply. The court framed a single issue: whether certiorari, prohibition and mandamus ought to issue. Relying on Municipal Council of Mombasa v Republic, Pastoli v Kabale District Local Government Council, Richard Bwogo Birir and Okoiti v Waiguru, the court held that judicial review concerns process, not merits. It found the Applicant was present at the hearing, cross-examined witnesses, and that the 1st Respondent had jurisdiction under Section 29 of the Land Adjudication Act and considered relevant matters including the 1998 clan proceedings. The application was found to be an impermissible appeal on the merits and was dismissed with costs.

Key legal issues

#
01

Whether the Ex-parte Applicant was accorded a fair hearing before the 1st Respondent

Holding

A fair hearing was accorded: the Applicant was present, cross-examined witnesses and was heard

Reasoning

The court found the Applicant was present at the hearing of his appeal and that both parties were given equal opportunity to cross-examine each other and their witnesses. The complaint about the 1998 clan meeting was spurious since the clan proceedings were alluded to by both sides in oral evidence and the 1st Respondent considered them.

p. 4
02

Whether the 1st Respondent acted ultra vires, illegally or irrationally

Holding

The 1st Respondent had jurisdiction under Section 29 of the Land Adjudication Act and acted lawfully

Reasoning

The court held there was no error of law in the decision-making process. The 1st Respondent had jurisdiction to hear the appeal, considered relevant considerations including the 1998 clan proceedings, and did not ignore material evidence. The judicial review thresholds of illegality, irrationality and procedural impropriety were not met.

p. 4
03

Whether the application was a proper vehicle to challenge the merits of the decision

Holding

No; the application was an appeal on the merits disguised as judicial review

Reasoning

The court, applying Municipal Council of Mombasa v Republic, held that a judicial review court may not act as an appellate court over the decision-maker by examining the sufficiency of evidence. The Applicant's real grievance was with the merits of the 1st Respondent's findings, which is outside the province of judicial review.

p. 5

Legal principles established

#
  • Judicial review is concerned with the decision-making process, not the merits of the decision itself
  • An applicant for judicial review must show the decision is tainted with illegality, irrationality or procedural impropriety
  • The audi alteram partem rule does not require a full adversarial hearing; procedural fairness depends on the context

Court orders

#
  1. 1.The application is dismissed
  2. 2.Costs of the application to the Respondents
Jurisdiction invoked
Sections 8 and 9 of the Law Reform Act and Order 53 Rules 1 and 2 of the Civil Procedure Rules, 2010

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Republic v Deputy County Commisioner - Kilungu & 5 others; Yulu (Ex parte Applicant) (Environment and Land Judicial Review Case E002 of 2023) [2026] KEELC 4718 (KLR)", Case Analysis (2026). Judicial Review Application (amended Notice of Motion dated 29th September, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4718/eng@2026-07-23

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