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ELCStruck OutELCEP (JR) CASE NO. E001 OF 2025

Thuranira v Sub-County Land Adjudication and Settlement Officer, Buuri Sub-County & 2 others (Environment and Land Judicial Review Case E001 of 2025) [2026] KEELC 5051 (KLR)

Environment and Land Court
23 July 2026
2,410 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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Kenya's High Court struck out a landowner's challenge to a land adjudication decision because he filed it over five years late, missing a strict six-month deadline.

What this practically means

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Executive summary

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The ex-parte applicant, Julius K. L Muthuri Thuranira, moved the Environment and Land Court at Meru by notice of motion dated 22/10/2025 under Sections 8 and 9 of the Law Reform Act and Order 53 rule 3 of the Civil Procedure Rules, seeking certiorari to quash a decision of the Land Adjudication and Settlement Officer rendered on 23/7/2020 in Adjudication Register Objection No 5331, by which land parcel Ruiri/Rwarera/4281 was awarded to the interested party, Julius Mburunga Limberia. The applicant said he bought the land in 1993, was recorded as owner after demarcation, and only discovered the objection decision in early 2024 after an encroachment; he claimed he was never served with notice of the objection proceedings. The respondents and the interested party opposed, contending the objection was heard ex-parte after the applicant failed to attend, that no appeal to the Minister was lodged, and that in any event the motion was statute-barred under Section 9(3) of the Law Reform Act, which requires leave for certiorari within six months of the impugned decision. The court framed two issues: whether the motion was statute-barred, and whether certiorari ought to issue. Relying on Ako v Special District Commission and Wilson Osolo, it held the six-month prohibition is absolute and not extendable, and that judicial review is initiated by the leave application, filed here over five years after the decision. Citing the Supreme Court's decision in Dande and the Lillian 'S' principle, the court held it had no jurisdiction, declined to reach the merits, struck out the motion, and ordered the ex-parte applicant to bear the costs of the suit.

Questions the Court framed

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

  1. 1.Whether the judicial review motion is statute-barred under the Law Reform Act
  2. 2.Whether a proper case has been made to warrant issuance of an order of certiorari

Key legal issues

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01

Whether the judicial review motion is statute-barred under the Law Reform Act

Holding

Yes; the leave application was filed more than five years after the decision of 23/7/2020, far outside the six-month period in Section 9(3), so the court lacked jurisdiction

Reasoning

Section 9(3) of the Law Reform Act bars grant of leave for certiorari more than six months after the impugned decision. Court of Appeal authority (Ako v Special District Commission; Wilson Osolo) holds the prohibition absolute and not extendable under the Civil Procedure Rules. Judicial review under the Act is initiated by filing the leave application, which here occurred on 9/10/2025, over five years after the decision. Having elected that route, the applicant was bound by its limitation.

p. 9
02

Whether a proper case has been made for an order of certiorari

Holding

Not determined; the court declined to reach the merits given want of jurisdiction

Reasoning

Applying the Owners of Motor Vessel Lillian 'S' principle, once jurisdiction is absent the court must down its tools and cannot proceed to the second, merit-based question. The court expressly refrained from considering whether certiorari was warranted on the merits.

p. 11

Legal principles established

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  • Applications for leave to apply for certiorari under the Law Reform Act must be made within six months of the impugned decision, and the period cannot be extended
  • Where a party elects judicial review under Order 53 rather than a constitutional petition, the court is confined to process, not merits

Court orders

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  1. 1.The motion dated 22/10/2025 struck out for being statute-barred under Section 9(3) of the Law Reform Act
  2. 2.The ex-parte applicant to bear costs of the suit

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Sections 8 and 9 of the Law Reform Act and Order 53 rule 3 of the Civil Procedure Rules

Relief refused

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Order of certiorari quashing the decision in AR Objection No 5331 rendered on 23/7/2020

The motion was filed more than six months after the impugned decision, outside the statutory limitation in Section 9(3) of the Law Reform Act, leaving the court without jurisdiction

p. 10

Costs

The ex-parte applicant shall bear costs of the suit, in line with Section 27 of the Civil Procedure Act

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 result is that the motion under consideration is hereby struck out for being statute-barred under Section 9 (3) of the Law Reform Act.
p. 11Final orders - striking out
In line with the general principle in Section 27 of the Civil Procedure Act, the ex-parte applicant shall bear costs of the suit.
p. 11Costs order
As things stand, this court has no jurisdiction to entertain a Sections 8 and 9 (of the Law Reform Act) judicial review motion outside the statutory period of six months.
p. 9Limitation and jurisdiction

Issues in the judgment

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minor

Internal date inconsistency: motion dated 22/10/2025 but initiating chamber summons stated as dated 8/10/2025 and filed 9/10/2025, i.e. before the motion's date

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, "Thuranira v Sub-County Land Adjudication and Settlement Officer, Buuri Sub-County & 2 others (Environment and Land Judicial Review Case E001 of 2025) [2026] KEELC 5051 (KLR)", Case Analysis (2026). ELCEP (JR) CASE NO. E001 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5051/eng@2026-07-23

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