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ELCPartially AllowedChamber Summons Application dated 19th August 2024 (Judicial Review Miscellaneous Application)

Gunda (Suing as the Legal Representative of the Estate of Banzi Gunda Banzi - Deceased) v Secretary National Land Commission (Environment and Land Judicial Review Miscellaneous Application E004 of 2024) [2026] KEELC 151 (KLR)

Environment and Land Court of Kenya
22 January 2026
7,072 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~28 min to read original · ~4 min brief

The bottom line

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A Kenyan court ordered the National Land Commission to pay Kshs 2.4 million plus interest within 60 days, confirming mandamus as the way to enforce judgments against government bodies.

What this practically means

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Executive summary

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This is an ex-parte judicial review judgment of the Environment and Land Court at Kwale. The Ex-parte Applicant, Jumaa Banzi Gunda, legal representative of the estate of Banzi Gunda Banzi under a limited grant ad litem from the Magistrate's Court at Kaloleni, sought leave to commence judicial review by way of mandamus compelling the Secretary, National Land Commission - the Commission's Accounting Officer - to pay Kshs. 2,427,734 being sums due under a judgment of the Land Acquisition Tribunal in TRLAP/E013/2024, a certificate of order for the decretal sum and a certificate of order for taxed costs. Despite service, the Respondent never participated, and the court determined the matter on its own merit. The court framed four issues: the scope of judicial review, the threshold of the suit, entitlement to the prerogative reliefs, and costs. Relying on Order 53 of the Civil Procedure Rules, Sections 8 and 9 of the Law Reform Act, Article 47 of the Constitution and the Fair Administrative Action Act, and authorities including Gathenji, Schon Noorani and Five Star Agencies, the court held that judicial review concerns the decision-making process rather than merits; that the Applicant had locus standi and demonstrated illegality, irrationality and procedural impropriety in the Respondent's inaction; and that Section 21 of the Government Proceedings Act imposes a mandatory duty on the Accounting Officer to satisfy a decree, mandamus being the only effective remedy since execution does not lie against the Government. The court granted mandamus compelling payment of Kshs. 2,427,734 with 12% interest within 60 days, failing which contempt could follow, and awarded costs to the Applicant.

Questions the Court framed

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

  1. 1.What is the scope, meaning and nature of the concept of Judicial Review?
  2. 2.Whether the judicial review suit instituted by the Applicant meets the threshold of such a suit and has merit whatsoever?
  3. 3.Whether the Applicant is entitled to the prerogative reliefs sought?
  4. 4.Who will bear the costs of the Application for Judicial Review?

Key legal issues

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01

Scope and nature of judicial review

Holding

Judicial review is concerned with the decision-making process, not the merits, and requires grounds of illegality, irrationality or procedural impropriety plus locus standi and promptness

Reasoning

The court traced judicial review to Order 53 of the Civil Procedure Rules and Sections 8 and 9 of the Law Reform Act, and to Article 47 of the Constitution and the Fair Administrative Action Act. Relying on Gathenji and Pastoli, it held the applicant must show the impugned action is tainted with illegality, irrationality and procedural impropriety and have sufficient interest and file promptly.

p. 6
02

Whether the judicial review suit meets the threshold

Holding

The suit met the threshold: the applicant had locus standi, filed promptly and demonstrated illegality, irrationality and procedural impropriety

Reasoning

The court found the applicant, as legal representative of the deceased's estate under a limited grant ad litem, had a valid decree from the Land Acquisition Tribunal, a certificate of order issued under Section 21 of the Government Proceedings Act, and that the Respondent's failure to pay despite service established administrative inaction contrary to Article 47 and undermined access to justice under Article 48.

p. 9
03

Whether mandamus should issue against the Secretary, National Land Commission

Holding

Mandamus should and did issue compelling the Respondent as Accounting Officer to pay the decretal sum

Reasoning

The court applied Gathenji, Schon Noorani and Five Star Agencies to hold that a valid decree and certificate of order existed, were served on the Respondent, and that refusal to pay despite service breached a mandatory statutory duty under Section 21 of the Government Proceedings Act. Execution not lying against the Government, mandamus was the only effective remedy; the decree being unchallenged, it could not be left a paper judgment.

p. 11
04

Costs

Holding

Costs follow the event; the successful Ex-parte Applicant was entitled to costs borne by the Respondent

Reasoning

Applying Section 27(1) of the Civil Procedure Act and authority that costs follow the event and serve to compensate the successful party, the court found the application meritorious and awarded costs to the Applicant, to be agreed or taxed by the Deputy Registrar.

p. 13

Legal principles established

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  • Where execution cannot issue against the Government, a decree-holder may enforce payment by mandamus against the Accounting Officer
  • The statutory duty of the Accounting Officer under Section 21(3) of the Government Proceedings Act is not conditional upon budgetary allocation or parliamentary approval

Court orders

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  1. 1.A judicial review order - prerogative writ in the nature of Mandamus issued compelling the Respondent, the Secretary and Accounting Officer of the National Land Commission, to pay the Ex-parte Applicant Kshs. 2,427,734/- being the decretal amount together with interest at the court rate of 12% per annum from the date of award until payment in full
  2. 2.Payment shall be processed and paid out to the Ex-parte Applicant WITHIN 60 DAYS from the date of the judgment, in default of which the Ex-parte Applicant shall be at liberty to take appropriate steps including citation for contempt
  3. 3.Costs of the proceedings awarded to the Ex-parte Applicant
  4. 4.Such costs to be agreed upon, and in default, to be taxed by the Deputy Registrar of the Court

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Order 53 of the Civil Procedure Rules, 2010; Sections 8 and 9 of the Law Reform Act (Cap. 26); Article 47 of the Constitution of Kenya, 2010 (original supervisory jurisdiction over administrative action)

Relief refused

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Judgment described as 'partly entered' though all heads of relief sought (mandamus and costs) were granted

The court framed its disposition as partial entry of judgment without identifying any head of relief refused

p. 14

Costs

Costs of the proceedings awarded to the Ex-parte Applicant, to be agreed upon and in default taxed by the Deputy Registrar of the Court

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.

The Honourable Court be pleased to issue a judicial review order – Prerogative writs in the nature of Mandamus to compel the Respondent, the Secretary and Accounting Oficer of the National Land Commission, to pay the Ex ‑ parte Applicant the sum of Kenya Shillings Two Million Four Hundred and Twenty‑Seven Thousand Seven Hundred and Thirty‑Four (Kshs. 2,427,734/-)
p. 14Final orders - mandamus
The payment at the foot of clause (i) shall be processed and paid out to the Ex ‑ Parte Applicant WITHIN 60 DAYS from the date hereof, and in default the Ex ‑ Parte Applicant shall be at liberty to take appropriate steps including but not limited to citation for contempt.
p. 14Final orders - compliance period and contempt
That the costs of the proceedings herein be and are hereby awarded to the Ex ‑ Parte Applicant.
p. 14Final orders - costs
any person who walks through the doors of the court and procures a Judgment must be assured that the Judgment, [if any] obtained means something. Furthermore, such a judgment will be enforced in accordance with the law.
p. 11Rule of law and enforcement of judgments
Since execution cannot issue against the Government, mandamus is the only efiective remedy available to the Applicant.
p. 11Mandamus as sole enforcement remedy against Government
It is clear beyond any peradventure that the procedure to be followed in execution against the government is to seek an order of Mandamus to compel the relevant person in the Government to settle the decree in question.
p. 12Execution against government - procedure (quoting Five Star Agencies)

Issues in the judgment

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minor

The tribunal decretal sum is inconsistently stated: 'Kshs. 1, 127, 034/=' in the statutory statement versus 'Kshs. 1,022,734/=' in the verifying affidavit and the judgment's merits analysis

minor

The total sum claimed is variously written as 'Two Million Four Hundred and Twenty Seven Thousand and fourteen shillings', 'Kshs. 2, 427, 734/=' and 'Two Million Four Hundred and Twenty Seven Thousand Seven Hundred and Thirty-Four' in different passages

minor

The arithmetic of the cumulative total is doubtful: 1,022,734 plus 50,000 special damages plus 127,000 taxed costs does not equal 2,427,734

minor

The Respondent is described as established under Article 63 of the Constitution, which deals with community land, not the establishment of the National Land Commission (Article 67)

minor

Issue headings are mislabeled: issue (c) 'entitled to prerogative reliefs' and issue (d) on costs are both headed 'ISSUE No. c)'

minor

Although the application sought only leave to commence judicial review, the court granted the substantive mandamus relief and described the judgment as 'partly entered' without explaining what part was refused

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, "Gunda (Suing as the Legal Representative of the Estate of Banzi Gunda Banzi - Deceased) v Secretary National Land Commission (Environment and Land Judicial Review Miscellaneous Application E004 of 2024) [2026] KEELC 151 (KLR)", Case Analysis (2026). Chamber Summons Application dated 19th August 2024 (Judicial Review Miscellaneous Application). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/151/eng@2026-01-22

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