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ELCAllowedJudicial Review (Chamber Summons) application dated 10/12/2025, Meru ELC

Ex-parte Applicants v Minister (Adjudication of Land) & Interested Party

Environment and Land Court
9 February 2026
BEB M Eboso
270 words in judgment
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The bottom line

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The Land Court at Meru allowed landowners to challenge the Minister's adjudication appeal decision and stopped its implementation for nine months.

What this practically means

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Executive summary

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This was an unopposed ex-parte chamber summons dated 10/12/2025 brought before the Environment and Land Court at Meru under Order 53 rule 1 of the Civil Procedure Rules. The ex-parte applicants sought leave to initiate judicial review proceedings for an order of certiorari to remove into the court and quash the decision of the Minister rendered on 17/7/2025 in Appeal No. 209 of 2024 under Section 29 of the Land Adjudication Act, concerning parcel number 6554, Giithu Adjudication Section. They also sought an order staying implementation of that decision. Neither the respondent nor the interested party opposed the application. The court, per B M Eboso (ELC Judge), granted leave in terms of prayer (i) and directed that the substantive motion be filed and served within 21 days, in default of which the leave would lapse. Subject to that compliance, the leave was to operate as an order staying implementation of the Minister's decision of 17/7/2025, with the stay to lapse after 9 months unless extended by the court. The judgment is a short leave-stage ruling that decides only whether judicial review proceedings may be commenced and whether the impugned decision is stayed pending the substantive motion; it makes no findings on the merits of the intended certiorari application. No costs order was recorded.

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 applicants should be granted leave under Order 53 rule 1 to initiate judicial review proceedings for certiorari to quash the Minister's decision in Appeal No. 209 of 2024
  2. 2.Whether the leave should operate as a stay of implementation of the Minister's decision

Key legal issues

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01

Grant of leave to apply for judicial review

Holding

Leave was granted on an unopposed application

Reasoning

The application was made under Order 53 rule 1 of the Civil Procedure Rules seeking leave to commence judicial review for certiorari to quash the Minister's decision under Section 29 of the Land Adjudication Act. Neither the respondent nor the interested party opposed the application. In the absence of opposition, the court found the plea for leave merited and granted it.

p. 1
02

Stay of implementation of the Minister's decision

Holding

Leave was to operate as a stay of implementation for 9 months, subject to filing the substantive motion within 21 days

Reasoning

The applicants also sought a stay of implementation of the Minister's decision rendered on 17/7/2025 in Appeal No. 209 of 2024. Since the application was unopposed, the court granted the stay, but conditioned it on compliance with the direction to file the substantive motion within 21 days and capped its duration at 9 months unless extended by the court.

p. 2

Legal principles established

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  • Where a leave application under Order 53 rule 1 is unopposed, leave should be granted and may operate as a stay

Court orders

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  1. 1.The ex-parte applicants are granted leave in terms of prayer (i) of the application dated 10/12/2025
  2. 2.The substantive motion shall be filed and served within 21 days, failing which the leave shall lapse
  3. 3.Subject to compliance, the leave shall operate as an order staying implementation of the Minister's decision dated 17/7/2025 in Appeal No. 209 of 2024
  4. 4.Unless extended by the court, the stay order shall lapse on expiry of 9 months

The bench

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

BE
majority

Wrote the judgment

Jurisdiction invoked
Order 53 rule 1 of the Civil Procedure Rules (leave stage of judicial review)

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.

In the absence of any opposition, the plea for leave will be granted. The plea for stay of implementation will also be granted.
p. 1grant of leave on unopposed judicial review application
The substantive motion shall be filed and served within 21 days. In default, the above leave shall lapse.
p. 2condition attached to leave
Unless extended by this court, the stay order shall lapse on expiry of 9 months from today.
p. 2duration of stay order
Consequently, the application dated 10/12/2025 is allowed in the following terms:
p. 1disposition

Issues in the judgment

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minor

The application date is inconsistently stated as 10/120/2025 and 10/12/2025 in the same 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, "Ex-parte Applicants v Minister (Adjudication of Land) & Interested Party", Case Analysis (2026). Judicial Review (Chamber Summons) application dated 10/12/2025, Meru ELC. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/658/eng@2026-02-09

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