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ELCPartially AllowedChamber Summons Application dated 12/03/2025 (Judicial Review)

Republic v County Government of Kiambu; Kenya Rural Roads Authority & 3 others (Interested Parties); National Land Commission (Exparte) (Judicial Review E003 of 2025) [2025] KEELC 4896 (KLR)

Environment and Land Court
26 June 2025
3,261 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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Kenya's land commission can now sue Kiambu County to fund compensation owed to landowners whose property was taken for a road.

What this practically means

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Executive summary

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The National Land Commission (Ex Parte Applicant) sought leave under Order 53 Rule 1 of the Civil Procedure Rules to apply for judicial review orders of mandamus compelling the County Government of Kiambu either to furnish the Commission with funds to compensate the 2nd-4th Interested Parties for the compulsory acquisition of their land for link road E1507, or alternatively to pay them directly, pursuant to decrees by Justices Gacheru (Thika ELC Case No. 94 of 2018) and Kemei (Misc. E050 of 2022) totalling approximately Ksh 38,914,300.80. The Commission argued that under Section 111(1)(A) of the Land Act, as amended, it can only pay compensation when furnished with funds by the acquiring body, and that evidence in the earlier suit showed the road had been ceded to the County Government of Kiambu. The Interested Parties opposed, contending the Commission bore the constitutional duty to compensate and had delayed inexcusably for nearly five years. KeRRA denied responsibility, asserting the road was not within its mandate. Mogeni J, applying the established principles that judicial review is supervisory and that the leave threshold is low, found the Commission had established a prima facie arguable case. The court granted leave to file the substantive motion for mandamus against the Respondent, set a timetable of 14 days for filing the substantive motion and responses and 10 days for submissions, directed a mention on 15/10/2025 to report compliance, and ordered costs to be in the cause.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Ex parte Applicant is entitled to Judicial Review orders sought, i.e. leave to apply for an order of mandamus compelling the Respondent to furnish the Commission with compensation funds or to pay the Interested Parties directly

Key legal issues

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01

Whether the Ex parte Applicant demonstrated an arguable case warranting leave to apply for mandamus against the County Government of Kiambu

Holding

Leave was granted; a prima facie case was established on the material before the court

Reasoning

The court restated the supervisory nature of judicial review and the purpose of the leave stage under Order 53 Rule 1, namely to filter out frivolous or vexatious applications without delving deeply into the merits. It noted the undisputed decrees of Justices Gacheru and Kemei awarding compensation against the Commission, and Section 111(1)(A) of the Land Act requiring the acquiring body to furnish funds. On a cursory perusal of the record and submissions, the Commission's contention that the County Government is the acquiring body responsible for furnishing compensation funds was found sufficiently arguable to justify leave.

p. 7

Legal principles established

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  • Judicial review is concerned with the decision-making process, not the merits of the decision itself; the court's role is supervisory
  • The threshold for obtaining leave to commence judicial review is low; the applicant need only demonstrate an arguable case fit for further investigation at a substantive hearing

Court orders

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  1. 1.Leave to file Judicial Review order of mandamus directing and compelling the Respondent to forthwith furnish the Commission with the money required to pay the 2nd - 4th Interested Parties compensation for the compulsory acquisition of their land is granted
  2. 2.The Applicant shall file and serve the substantive Motion within 14 days
  3. 3.The Respondent shall file and serve its responses within 14 days of service
  4. 4.The Applicant shall file and serve its submissions within 10 days
  5. 5.The Respondent shall file and serve their submissions within 10 days of service
  6. 6.Mention on 15/10/2025 to report compliance
  7. 7.Costs shall be in the cause

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Article 67 of the Constitution of Kenya, 2010; Sections 8 & 9 of the Law Reform Act, Cap 26; Order 53 Rules 1 & 2 of the Civil Procedure Rules, 2010; Section 13 of the Environment and Land Court Act

Relief refused

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Costs of the Application in favour of the ex parte Applicant

Leave-stage application; costs were reserved to the cause rather than awarded to the Applicant

p. 7

Costs

Costs shall be in the cause

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Judicial Review is about the decision-making process, not the decision itself. The role of the Court in Judicial Review is supervisory.
p. 5Nature of judicial review
In order to obtain leave to commence Judicial Review proceedings, an Applicant only needs to show that he has an arguable case.
p. 7Threshold for leave
Leave to file Judicial Review order of mandamus directing and compelling the Respondent to forthwith furnish the Commission with the money required to pay the 2nd - 4th Interested Parties compensation for the compulsory acquisition of their land is granted.
p. 7Final orders - leave granted
Cost shall be in the cause.
p. 7Costs

Issues in the judgment

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minor

The judgment inconsistently refers to the date of the Gacheru judgment as 25/10/2019 and to a 'Judgement dated 15th June 2020' for Thika ELC Case No. 94 of 2018, and the Interested Parties refer to a judgment 'made on 15/06/2020'

minor

The Replying Affidavit of the 1st Interested Party refers to a 'Chamber Summons dated 12th February 2025' whereas the Application before the Court is dated 12/03/2025

minor

The applicant is described inconsistently as the '1st Respondent' in one passage when the Respondent is the County Government of Kiambu

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 County Government of Kiambu; Kenya Rural Roads Authority & 3 others (Interested Parties); National Land Commission (Exparte) (Judicial Review E003 of 2025) [2025] KEELC 4896 (KLR)", Case Analysis (2025). Chamber Summons Application dated 12/03/2025 (Judicial Review). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4896/eng@2025-06-26

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