Republic v Deputy County Commissioner Makueni & 2 others; Mutune & another (Interested Parties); Kyambi (Ex parte Applicant) (Environment and Land Judicial Review Case E004 of 2023) [2025] KEELC 7203 (KLR)

AND SAMSON MWATU MUTUNE ............................................... INTERESTED PARTY BENJAMIN MUSINGA ........................................................... INTERESTED PARTY AND ANTONY KYALO KYAMBI ............................................... EX PARTE APPLICANT RULING 1. This is a Ruling in respect of a Preliminary Objection brought by the Interested Parties on the following grounds: a. The leave was granted to the Applicant/Respondent herein to apply for Judicial Review order of certiorari on the 7th day of March, 2023 and he had not obtained Letters of Administration. b. The Applicant is seeking to enforce orders on Plot No. 1713 Mukuyuni Adjudication Section on behalf of the Estate of Ngui Mukosi but has not obtained Letters of Administration. 2. The Ex-parte Applicant filed a Chamber Summons dated 2nd March, 2023 in which he sought leave of the court to bring Judicial Review proceedings against the Respondents and Interested Parties. The Chamber Summons was served upon the Respondents and Interested Parties. On 7th March, 2023, leave was granted as prayed. As at the time leave was granted to the Ex-parte Applicant, he had not obtained Letters of Administration in respect of the estate of Ngui Mukosi who had died before the appeal to the Minister could be concluded. No one raised the issue of locus standi at the time. 3. The Ex-parte Applicant subsequently obtained a limited grant of Letters of Administration ad litem pursuant to which he filed a substantive application for Judicial Review on 18th October, 2023. 4. The Interested Parties are contending that the Ex-parte Applicant has not obtained Letters of Administration in respect of the estate of Ngui Mukosi. The parties were directed to file written submissions on 3rd February, 2025. As at 5th October, 2025 when writing this ruling, neither the Interested Parties nor the Ex-parte Applicant and Respondents had filed their submissions. 5. It is clear that as at the time leave was sought, the Ex-parte Applicant had no grant of Letters of Administration. This issue was never raised by the Interested Parties who had been served with the Chamber Summons. The Ex-parte Applicant subsequently obtained a limited grant of letters ad litem before filing the substantive motion for Judicial Review. The Interested Parties cannot therefore be heard to argue that the Ex-parte Applicant is proceeding with the Judicial Review proceedings without obtaining Letters of Administration. 6. Consequently, I find that the Preliminary Objection is devoid of merit. The same is dismissed with no order as to costs. It is so ordered. RULING DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS THIS 23RD DAY OF OCTOBER, 2025. ............................................ HON. E. O. OBAGA https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7203/eng@2025-10-23 2

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JUDGE In the presence of: Mr. Kioko for Interested Party/Applicant Court Assistant – Steve Musyoki https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7203/eng@2025-10-23 3

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