Republic v County Government of Kilifi & 3 others; Ngala (Ex parte Applicant) (Environment and Land Civil Miscellaneous Application E005 of 2025) [2026] KEELC 2802 (KLR)
The bottom line
#A Kenyan court struck out a judicial review case because the applicant filed one day late without permission, and no amendment could fix it.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the substantive Notice of Motion filed on 19th March 2025 was filed within the 21 days allowed by the leave order of 25th February 2025
- 2.Whether a motion filed out of time without fresh leave is a nullity and whether there was anything capable of amendment
- 3.Whether the amended motion dated 7th October 2025 is competent before the court
Key legal issues
#Whether the substantive judicial review motion was filed within time
The 21 days granted by the leave order lapsed on 18th March 2025 and the motion filed on 19th March 2025 was out of time and without leave, rendering it a nullity
The court examined the record and found leave was granted on 25th February 2025 with 21 days to file the substantive motion, expiring 18th March 2025. No fresh leave was sought to file out of time. The motion filed 19th March 2025 was therefore filed without leave and was a nullity, leaving nothing to amend.
Whether the amended motion dated 7th October 2025 could cure the defect
No - an amended motion founded on a nullity is itself incompetent
Since the original motion of 19th March 2025 was filed out of time and was a nullity, there was nothing valid to amend. The amendment could not revive an incompetent pleading, so the amended motion dated 7th October 2025 was likewise incompetent and liable to be struck out.
Legal principles established
#- Leave to file a substantive judicial review application lapses after the period granted, and a substantive motion filed out of time without fresh leave is a nullity incapable of amendment
Court orders
#- 1.The Amended Notice of Motion dated 7/10/2025 is struck out
- 2.Costs of the application awarded to the respondents
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Judicial review under Order 40, Order 51 CPR, sections 1A, 1B, 3A and 63(c) CPA and Article 159(2)(d) of the Constitution (leave granted 25th February 2025)
Relief refused
#Certiorari to quash the County Government of Kilifi decision of 7th October 2024
The substantive motion was filed out of time without leave and is a nullity; the amended motion is therefore incompetent
Mandamus commanding the County Government of Kilifi and the Land Registrar Kilifi not to effect the decision of 7th October 2024
The application was incompetent having been filed out of time without fresh leave, and was struck out
Costs
Costs to the respondents
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.
Those 21 days lapsed on 18th March 2025 and there is nothing that has been placed before this court to demonstrate that the leave granted having lapsed, fresh leave had been sought again, so as to enable the filing of the substantive Judicial Review Notice of Motion out of time.
Also, that motion having been brought out of time and being a nullity, there was nothing to amend and consequently the amended motion dated 7th October 2025 is therefore incompetent.
For the foregoing reasons the Amended Notice of Motion dated 7/10/2025 is hereby struck out with costs to the respondents.
Issues in the judgment
#The judgment names a 2nd respondent and refers to a '4th respondent' in the grounds of opposition, though only respondents described as 1st and 2nd appear elsewhere
The 2nd respondent's grounds of opposition are dated 24th June 2025, which post-dates the motion of 19th March 2025 but precedes the amended motion of 7th October 2025
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v County Government of Kilifi & 3 others; Ngala (Ex parte Applicant) (Environment and Land Civil Miscellaneous Application E005 of 2025) [2026] KEELC 2802 (KLR)", Case Analysis (2026). Amended Notice of Motion dated 7th October 2025 (ELC, Malindi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2802/eng@2026-05-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.