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) (11 June 2026) (Ruling) Neutral citation: [2026] KEELC 3612 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MALINDI JUDICIAL REVIEW APPLICATION E002 OF 2026 FM NJOROGE, J JUNE 11, 2026 BETWEEN REPUBLIC ................................................................................................. APPLICANT AND THE PRINCIPAL SECRETARY, MINISTY OF LANDS, HOUSING & URBAN DEVELOPMENT ............................................................................ 1ST RESPONDENT THE HON. ATTORNEY GENERAL .......................................... 2ND RESPONDENT THE NATIONAL LAND COMMISSION .................................. 3RD RESPONDENT AND LAND SETTLEMENT FUND TRUST ............................ 1ST INTERESTED PARTY KON-DERTU RANCHING CO. LTD ............................. 2ND INTERESTED PARTY THE COUNTY GOVERNMENT OF TANA RIVER .... 3RD INTERESTED PARTY THE HON. MEMBER OF PARLIAMENT GARSEN .... 4TH INTERESTED PARTY THE HON. SENATOR, TANARIVER COUNTY ......... 5TH INTERESTED PARTY AND DOKOTA MASHA KODOTA ............................................ EX PARTE APPLICANT JILLO KOKANI JILO .......................................................... EX PARTE APPLICANT SUING ON THEIR BEHALF AND ON BEHALF OF 24 OTHERS AS PER THE ATTACHED LIST https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3612/eng@2026-06-11 1
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RULING 1. 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. 2. Regarding whether the leave ought to operate as a stay, I have also considered the submissions of all counsel present and found that the letter relied on is old, having been written on 9/12/2025, and no record of happenings between that date and the date of this order has been availed to enable the court to fully be aware of the consequences of its stay order, if the same were to be issued. No order of stay has therefore been shown to be deserved by the applicant. 3. 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 afidavit of service shall be filed. 4. All interested parties and respondents shall file their replying afidavits within 14 days of service and the matter shall be appropriately be brought up early for the attention of this court, with a copy of this ruling attached to the substantive judicial review notice of motion. 5. This file shall be closed. DATED, SIGNED AND DELIVERED AT MALINDI ON THIS 11TH JUNE 2026. MWANGI NJOROGE JUDGE, ELC MALINDI. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3612/eng@2026-06-11 2
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