Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCStruck OutNot stated in judgment

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)

High Court of Kenya (Judicial Review)
7 October 2025
159 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

What this practically means

#

Executive summary

#
On 28/8/2025, the Court (B M Eboso, Judge, Meru) granted the Ex-parte Applicant leave to institute a substantive judicial review motion within 21 days. Instead of filing a substantive motion, the Applicant on 3/9/2025 lodged a notice of motion dated the same day seeking the very leave that had already been granted. The court held that in the absence of a proper substantive judicial review motion the cause stood to be struck out as fatally defective, there being nothing properly before the court for determination. The cause was struck out, but the Applicant was granted liberty to initiate a fresh cause for leave, preserving access to the judicial review remedy notwithstanding the procedural failure. The court directed that the file be marked as closed and ordered the Ex-parte Applicant to bear the costs of those parties who had appointed Advocates/Counsel and filed responses. The judgment is ex-tempore, extremely brief, and cites no authorities or statutory provisions. Counsel appearing were Ms Wairimu for the Respondents, Mr Otieno C for the Interested Party and Mr Mwiti for the Ex-parte Applicant. The decision is a procedural ruling in the first instance; no decision below was disturbed.

Questions the Court framed

#

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

  1. 1.Whether there was a proper substantive judicial review motion before the court

Key legal issues

#
01

Whether the cause could proceed without a proper substantive judicial review motion

Holding

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.

Reasoning

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.

p. 1

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. 1.The cause is struck out as fatally defective
  2. 2.The Ex-parte Applicant is at liberty to initiate a fresh cause for leave
  3. 3.The file shall be marked as closed
  4. 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.

majority

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

p. 1

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.
p. 1Defective judicial review proceedings
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.
Final orders and costs

Issues in the judgment

#
minor

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.