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ELCDismissedChamber Summons dated 18th December, 2024

Republic v Deputy Commissioner, Makueni Sub County & 3 others; Mulwa (Ex parte Applicant); Ngui (Interested Party) (Environment and Land Judicial Review Miscellaneous Application E001 of 2025) [2025] KEELC 5155 (KLR)

High Court of Kenya (Environment and Land Division)
10 July 2025
1,501 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The High Court confirmed the six-month deadline to file judicial review cases in Kenya cannot be extended, so acting promptly after an adverse decision is essential.

What this practically means

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Executive summary

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This ruling determined a Chamber Summons dated 18th December 2024 in which the Exparte Applicant sought leave to bring judicial review proceedings out of time, challenging a Minister's decision of 5th September 2022 in appeal No. 64 of 1993 (Francis Mulwa v Philip Wambua Nguli) concerning plot Ukia/Mukuyuni/1793. The applicant purchased the plot in 1978; after adjudication it was registered in equal shares between him and the Interested Party. The Minister dismissed his appeal on the ground that the parties could not be traced on the ground, and the applicant claimed he only learnt of the decision later, thereafter filing a suit in the Chief Magistrate's Court which was dismissed for want of jurisdiction. He relied on Article 47 of the Constitution and authorities holding that extension of time for judicial review may be granted where sufficient cause is shown, arguing that mistakes of counsel should not be visited on an innocent party. The Interested Party opposed, contending the application was an afterthought and that judicial review is time-bound with no extension provision. The court framed a single issue: whether extension of time ought to be granted. Applying Wilson Osolo and the Amagoro Tribunal case, it held that judicial review is a special jurisdiction under the Law Reform Act and Order 53, whose six-month limit for certiorari cannot be extended by importing other provisions. It further found that the applicant had not acted promptly even after awareness, and dismissed the application with costs to the Interested Party.

Questions the Court framed

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

  1. 1.whether the Exparte Applicant ought to be given extension of time

Key legal issues

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01

Whether the court has jurisdiction to extend time for filing judicial review proceedings

Holding

No - the six-month limit for certiorari under section 9(3) of the Law Reform Act, echoed in Order 53 Rule 2, cannot be extended; extension provisions applicable to the Civil Procedure Rules cannot be availed of for time limited by statute.

Reasoning

The court held that judicial review is a special jurisdiction governed substantively by the Law Reform Act and procedurally by Order 53 of the Civil Procedure Rules. The six-month limitation in section 9(3) for certiorari cannot be enlarged by importing Civil Procedure Act provisions or Order 49. The applicant, being out of time since the Minister's decision of 5th September 2022, could not benefit from the persuasive authorities permitting extension where sufficient cause is shown.

p. 4
02

Whether the applicant's delay was excusable even if an extension power existed

Holding

No - the applicant did nothing to pursue judicial review even under the Fair Administrative Actions Act after learning of the decision, instead filing a suit in the Chief Magistrate's Court.

Reasoning

The Minister's decision was delivered on 5th September 2022. Although the applicant claimed awareness only in 2023, he thereafter filed a suit in the Chief Magistrate's Court, which was dismissed for want of jurisdiction, rather than moving promptly for judicial review. The court found that even under the Fair Administrative Actions Act, which requires no leave, the applicant had not acted, so no extension would have been granted in any event.

p. 4

Legal principles established

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  • Judicial review proceedings are special in nature governed by the Law Reform Act and Order 53; no other provisions may be imported to extend time limits set by statute

Court orders

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  1. 1.Application for extension of time to file judicial review proceedings dismissed with costs to the Interested Party

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Sections 8 and 9 of the Law Reform Act and Order 53 of the Civil Procedure Rules

Relief refused

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Leave to bring judicial review proceedings out of time (extension of time)

Judicial review jurisdiction is special and governed exclusively by the Law Reform Act and Order 53; there is no power to extend time, and in any event the applicant did not act promptly even after learning of the decision

p. 4

Costs

Dismissed with costs to the Interested Party

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.

I find that the Exparte Applicant's application is devoid of merit. I proceed to dismiss the same with costs to the Interested Party.
p. 4Final orders - dismissal of application for extension of time
Judicial Review proceedings have special jurisdiction which is governed by the Law Reform Act and Order 53 of the Civil Procedure Rules. One cannot import any other other provisions to replace or supplement the same.
p. 3Special nature of judicial review jurisdiction
Whilst the time limited for doing something under the Civil Procedure Rules can be extended by an application under Order 49 of the Civil Procedure Rules that procedure cannot be availed of for the extension of time limited by statute, in this case the Law Reform Act.
p. 4Statutory time limits cannot be extended by rules of court

Issues in the judgment

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minor

The court appears to treat Republic v Chairman Amagoro Land Disputes Tribunal (a Maraga JA Court of Appeal decision quoted with 'We') as binding while calling the Amuti and Kurui decisions 'persuasive', but the attribution of authorities to parties versus court is not explicit in the judgment.

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 Deputy Commissioner, Makueni Sub County & 3 others; Mulwa (Ex parte Applicant); Ngui (Interested Party) (Environment and Land Judicial Review Miscellaneous Application E001 of 2025) [2025] KEELC 5155 (KLR)", Case Analysis (2025). Chamber Summons dated 18th December, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5155/eng@2025-07-10

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