Republic v Deputy County Commissioner Tigania Central & 2 others; Baariu (Interested Party); Gatebia (Ex parte Applicant) (Environment and Land Judicial Review Case E011 of 2025) [2025] KEELC 6802 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether there was a proper substantive judicial review motion before the court
Key legal issues
#Whether the cause could proceed without a proper substantive judicial review motion
The cause was struck out as fatally defective because no proper substantive motion existed; leave had already been granted on 28/8/2025 and the motion of 3/9/2025 impermissibly sought the same leave again.
On 28/8/2025 the court had already granted the Applicant leave to file a substantive judicial review motion within 21 days. Instead of filing a substantive motion, the Applicant filed a notice of motion dated 3/9/2025 seeking the very leave already granted. With no substantive motion on record, there was nothing for the court to determine, rendering the cause fatally defective and liable to be struck out.
Legal principles established
#- A substantive judicial review motion must exist before the court can determine a judicial review cause; absent one, the cause is fatally defective.
Court orders
#- 1.The cause is struck out as fatally defective
- 2.The Ex-parte Applicant is at liberty to initiate a fresh cause for leave
- 3.The file shall be marked as closed
- 4.The Ex-parte Applicant shall bear the costs of the parties who appointed Advocates/Counsel and filed responses
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Fair Administrative Action Act / order of leave granted on 28/8/2025 (judicial review motion)
Relief refused
#The substantive judicial review motion
No proper substantive motion was filed; the motion dated 3/9/2025 sought leave already granted
Costs
The Ex-parte Applicant shall bear costs of the parties who appointed Advocates/Counsel and filed responses.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In the absence of a proper substantive judicial review motion, this cause stands to be struck out for being fatally defective. The cause is struck out.
The file shall be marked as “closed”. The Ex-parte Applicant shall bear costs of the parties who appointed Advocates/Counsel and filed responses. It is so ordered.
Issues in the judgment
#The judgment does not state the case number, the names of the parties, or the statutory basis of the judicial review jurisdiction.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Deputy County Commissioner Tigania Central & 2 others; Baariu (Interested Party); Gatebia (Ex parte Applicant) (Environment and Land Judicial Review Case E011 of 2025) [2025] KEELC 6802 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6802/eng@2025-10-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.