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ELCDismissedELC (MISC) CASE NO. E038 OF 2025· [2026] KEELC 4979 (KLR)

Republic v Attorney General & 18 others; Makunyu & 112 others (Ex parte Applicants) (Environment and Land Miscellaneous Case E038 of 2025) [2026] KEELC 4979 (KLR)

Environment and Land Court
21 July 2026
BEB M Eboso
2,479 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Meru court dismissed 109 landowners' attempt to force consent to sue, telling them to use the law's own appeal process first.

What this practically means

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Executive summary

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This judicial review motion arose from land adjudication in Mbwaa 1 Adjudication Section, created pursuant to a 2014 Court of Appeal consent order in Nyeri Civil Appeal 129 of 2005 which hived the block off from Ruiri Rwarera Adjudication Section and required a fresh adjudication. When the new adjudication register was published on 26/6/2025 with a 60-day inspection period, the ex-parte applicants found their parcels absent and sought mandamus compelling the Land Adjudication and Settlement Officer to issue statutory consents to sue and, in the alternative, register their objections, plus prohibition against continued register inspection. The respondents opposed, arguing no formal applications or payment of the Kshs 3,000 statutory fee had been made, and that Section 30(3) of the Land Adjudication Act provides an appeal to the Cabinet Secretary within 28 days which was never pursued. Seventeen interested parties joined and supported the applicants. Eboso J found that the interested parties, having neither sought leave nor filed a motion, had no platform for relief. The 109 ex-parte applicants produced no receipts or proof of formal applications, and instead of appealing refusals to the Cabinet Secretary as the statute requires, they disregarded the mandatory statutory mechanism. No objection identified specific parcels in the published register. Mandamus was refused; prohibition was also refused since the inspection had already expired, leaving nothing to prohibit. The notice of motion dated 8/10/2025 was dismissed with costs to the ex-parte applicants under Section 27 of the Civil Procedure Act.

Key legal issues

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01

Whether mandamus should issue compelling issuance of statutory consents to sue

Holding

No - the statutory appeal remedy under Section 30(3) was not exhausted and no evidence of payment of fees or formal applications was presented

Reasoning

The applicants claimed the 2nd respondent refused their requests for consents, but produced no receipts for the Kshs 3,000 statutory fee and no proof of formal applications to the correct office. Even if refusals occurred, Section 30(3) of the Land Adjudication Act provided an appeal to the Cabinet Secretary within 28 days, which was ignored. Disregarding a mandatory statutory remedy defeats a mandamus application.

p. 9
02

Whether prohibition should issue against register inspection

Holding

No - no proper basis existed and the inspection period had already expired, rendering the relief moot

Reasoning

Having found no case for mandamus on the first issue, no foundation remained for the prohibitory order. Further, the statutory 60-day inspection period ran from 27/6/2025 and lapsed, so there was no ongoing or prospective exercise to restrain. Prohibition cannot issue against a completed act.

p. 11
03

Whether interested parties could claim judicial review relief

Holding

No - they neither obtained leave nor filed a formal motion, only a supporting affidavit

Reasoning

The 17 interested parties joined after leave had been granted to others. They did not apply to be ex-parte applicants or for leave in their own right. Judicial review relief requires leave and a formal notice of motion; a plea embedded in a supporting affidavit gives the court no procedural platform on which to grant relief.

p. 8

Legal principles established

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  • A person aggrieved by an adjudication officer's refusal to grant consent to sue may appeal to the Cabinet Secretary within 28 days; judicial review is not a substitute for this statutory remedy
  • A party seeking judicial review relief must obtain leave and bring a formal motion; an affidavit alone provides no platform for relief

Court orders

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  1. 1.The notice of motion dated 8/10/2025 is rejected and dismissed for lack of merit
  2. 2.The ex-parte applicants shall bear costs of the suit
Jurisdiction invoked
Judicial review jurisdiction of the Environment and Land Court under the Land Adjudication Act and 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 Attorney General & 18 others; Makunyu & 112 others (Ex parte Applicants) (Environment and Land Miscellaneous Case E038 of 2025) [2026] KEELC 4979 (KLR)", Case Analysis (2026). ELC (MISC) CASE NO. E038 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4979/eng@2026-07-21

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