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ELCDismissedJudicial Review (Ex parte) Notice of Motion dated 3/10/2024, Kitale· [2026] KEELC 1650 (KLR)

Republic v Attorney General & 7 others; Wilson (Ex parte Applicant) (Suing on Behalf of the Residents of Chepchoina Phase 111 in Trans Nzoia County) (Environment and Land Judicial Review Case E005 of 2024) [2026] KEELC 1650 (KLR)

Environment and Land Court
18 March 2026
9,822 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~39 min to read original · ~4 min brief

The bottom line

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The Kitale Environment and Land Court dismissed a challenge to a settlement scheme's beneficiary list because the applicant had no personal stake and filed too late.

What this practically means

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Executive summary

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The ex parte applicant, Loshakep Chumel Wilson, moved the Environment and Land Court at Kitale by notice of motion dated 3/10/2024 seeking certiorari to quash the decision in meetings of 11/6/2021 and 13/4/2022 confirming a vetting committee and publishing a beneficiaries list for the Chepchoina Phase III Settlement Scheme, mandamus compelling revocation of the committee's approval, and prohibition restraining allocation and registration of parcels to beneficiaries. He alleged non-compliance with Section 134 of the Land Act and the Land Regulations 2017 in constituting the selection and vetting committees, absence of public participation, failure to publish the beneficiaries list within 30 days, and unprocedural balloting and issuance of letters of offer. The state respondents and 152 joined respondents maintained the process substantially complied with the law, with adequate public participation and public balloting on 31/7/2023. The court framed six issues, including the applicant's capacity and interest, timeliness of certiorari, and entitlement to the writs. It held the applicant disclosed no personal, possessory or representative interest in the Scheme, never sought leave to sue representatively, and had no locus standi. It further held the certiorari orders were time-barred under Order 53 Rule 2, the delay unexplained and not excused by exceptional circumstances under Section 9(2) of the Fair Administrative Action Act, and that the applicant failed to attach the impugned decisions as mandated by Order 53 Rule 7(1). New grounds raised only in submissions (non-registration of the Scheme) could not be entertained. On the merits the court found no illegality, irrationality, procedural impropriety or ultra vires conduct. The notice of motion was dismissed with no orders as to costs.

Key legal issues

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01

Locus standi of the ex parte applicant

Holding

The applicant failed to disclose any personal, possessory, beneficial or representative interest in the Scheme or the suit land, and thus lacks standing.

Reasoning

The court applied Alfred Njau and Mirugi Kariuki on sufficient interest. The applicant described himself only as a Kenyan citizen, never pleaded his relationship with any parcel, whether he balloted, attended meetings, or was authorised by squatters, and no representative-capacity leave or authority was obtained. Standing is a jurisdictional threshold and busybodies must be kept out.

p. 9
02

Timeliness of the certiorari order

Holding

The application for certiorari, filed in 2024 over three years after the impugned decisions, was time-barred and the delay unexplained.

Reasoning

Under Order 53 Rule 2 certiorari leave must be sought within six months. The applicant never said when he became aware of the decisions or complained to any authority. The court relied on Kiluwa Ltd, Ogengo and Musango, holding that unexplained delay goes to the competence and jurisdiction of the application and that no exceptional circumstances under Section 9(2) FAA Act were demonstrated.

p. 11
03

Compliance with Order 53 Rule 7(1) - attachment of impugned decisions

Holding

The decisions of 11/6/2021 and 13/4/2022 were not attached, nor was denial of access shown, defeating certiorari.

Reasoning

The provision is mandatory and a precondition to certiorari, as held in Samson Kirerea M'Ruchu and the authorities cited in Musa Kingori Gaita. The applicant's annexures were uncertified, unverified and unauthenticated, and he did not show he sought or was denied the official decisions under Article 35 and the Access to Information Act.

p. 16
04

Whether the settlement process was tainted by illegality, irrationality or procedural impropriety

Holding

On the material before the court, the constitution of the Sub-County Selection Committee, vetting, balloting and identification of beneficiaries were lawful and not ultra vires.

Reasoning

The court weighed the annexures MKG(1)-(6) against the Land Act and Land Regulations 2017, applying the Pastoli tests. The presumption of regularity (Chief Land Registrar vs Nathan Tirop Koech) and substantial compliance (Raila Odinga) were not rebutted by cogent evidence. Issues of non-registration of the Scheme under Rule 32 raised only in submissions could not be determined, parties being bound by pleadings.

p. 17
05

Entitlement to mandamus and prohibition

Holding

Neither writ was merited; mandamus enforces a specific public duty owed to the applicant, and the remedies were overtaken by events.

Reasoning

Applying Kenya National Examination Council vs Republic and Joyce Manyasi, the scope of mandamus against public bodies is limited to performance of a public duty; the applicant showed no personal land right neglected. Prohibition looks to the future and no excess of jurisdiction or breach of natural justice was demonstrated.

p. 15

Legal principles established

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  • An ex parte applicant in judicial review must establish sufficient interest/nexus with the subject matter to have locus standi; capacity to sue goes to jurisdiction.
  • Certiorari must be sought within six months under Order 53 Rule 2, and unexplained inordinate delay disentitles an applicant to the writ absent exceptional circumstances under Section 9(2) of the Fair Administrative Action Act.
  • Failure to attach the impugned decision as required by Order 53 Rule 7(1) is fatal to an application for certiorari.
  • An applicant in a notice of motion cannot introduce new grounds or facts outside the statement of facts and verifying affidavit without leave; written submissions cannot amount to pleadings.
  • Judicial review is a discretionary remedy granted only on proof of illegality, irrationality, procedural impropriety or proportionality.

Court orders

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  1. 1.The notice of motion dated 3/10/2024 is dismissed with no orders as to costs.
  2. 2.Orders accordingly.
Jurisdiction invoked
Judicial review under Order 53 of the Civil Procedure Rules, Article 47 of the Constitution and the Fair Administrative Action Act

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 Attorney General & 7 others; Wilson (Ex parte Applicant) (Suing on Behalf of the Residents of Chepchoina Phase 111 in Trans Nzoia County) (Environment and Land Judicial Review Case E005 of 2024) [2026] KEELC 1650 (KLR)", Case Analysis (2026). Judicial Review (Ex parte) Notice of Motion dated 3/10/2024, Kitale. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1650/eng@2026-03-18

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