Ikua (Represented by Agostino Ndaru Muitanjau) v Minister for Lands & 3 others (Environment and Land Judicial Review Case 31 of 2016) [2026] KEELC 4299 (KLR) (30 June 2026) (Ruling) Neutral citation: [2026] KEELC 4299 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT EMBU ENVIRONMENT AND LAND JUDICIAL REVIEW CASE 31 OF 2016 AK BOR, J JUNE 30, 2026 BETWEEN NGIRI IKUA (REPRESENTED BY AGOSTINO NDARU MUITANJAU) ........................................................................................... APPLICANT AND MINISTER FOR LANDS .................................................................... RESPONDENT AND DOMINIC MIKE KAMINJA (DECEASED) .................... 1ST INTERESTED PARTY JOHN KARIUKI MARINGA (SUBSTITUTED 1ST INTERESTED PARTY) ............................................................................... 2ND INTERESTED PARTY LAND REGISTRAR MBEERE DISTRICT .................... 3RD INTERESTED PARTY RULING 1. Although this matter was scheduled to come up for judgment, on perusal of the court file this court noted that the suit had already been determined. The Applicant filed the substantive notice of motion dated 16/10/2012 seeking an order of certiorari to bring before the High Court the decision of the Respondent dated 30/8/2011 in Appeal No. 35 of 1989. The case was initially filed as Embu High Court JR No. 28 of 2012. Vide the ruling dated 17/4/2013, Lady Justice Ong’udi (as she then was) allowed the application dated 16/10/2012. 2. Subsequently, several applications were filed including the one dated 4/2/2016 seeking review and the setting aside of the orders made on 17/4/2013. 3. The suit was transferred from the High Court to the Environment and Land Court (ELC) vide the order which Lady Justice Muchemi made on 4/5/2016. In the ruling which Angima J delivered on 28/6/2017 on the application filed after the determination of the substantive motion by Lady Justice https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4299/eng@2026-06-30 1
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Ong’udi, Angima J, found that the ELC could not sit on appeal over the decision of Lady Justice Ong’udi and that the only remedy for the Interested Party was to file an appeal. 4. The Interested Party lodged Civil Appeal No. 7 of 2018 before the Court of Appeal at Nyeri. According to the order from the Court of Appeal dated 8/11/2022, that appeal was withdrawn. 5. The matter took long because parties took more than six months to avail a copy the decision from the Court of Appeal, which had a direct bearing on the status of the dispute. 6. As matters stand there is nothing left for this court to determine, the substantive judicial review application having been determined by Lady Justice Ong’udi (as she then was) in 2013. That being the case, the court file is to be closed and archived. DELIVERED VIRTUALLY AT BUNGOMA THIS 30TH DAY OF JUNE 2026. K. BOR JUDGE In the Presence of:Ms. M. Chebet holding brief for Mr. D. Kamunda for the Applicant Court Assistant –Diana Kemboi No appearance for the other parties https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4299/eng@2026-06-30 2
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