Daniel Mathuva Musa v Deputy County Commissioner, Kilungu Sub-County & others
The bottom line
#A Kenyan court threw out a land dispute challenge filed nearly three years late, confirming the six-month deadline for judicial review is strict.
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 Applicant is legally entitled to leave of the court to commence judicial review proceedings against the 1st Respondent's decision dated 12th May, 2023
Key legal issues
#Whether leave for judicial review can be granted out of time where the six-month statutory limitation has lapsed
No - the application for leave to apply for certiorari filed 32 months after the decision is a nullity for non-compliance with the mandatory limitation period
Sections 9(2) and 9(3) of the Law Reform Act and Order 53 Rule 2 of the Civil Procedure Rules prescribe a mandatory six-month period for seeking leave to apply for certiorari. The impugned decision was delivered on 12th May, 2023 and the leave application filed on 24th February, 2026, a lapse of about 32 months. The court held the limitation cannot be enlarged under inherent jurisdiction or subsidiary legislation, relying on Odinga v Nairobi City Council and Sabiha Kassamia, and upheld the preliminary objection.
Legal principles established
#- The six-month limitation for leave to apply for certiorari under section 9(3) of the Law Reform Act is mandatory and cannot be enlarged by the court's inherent jurisdiction or by subsidiary legislation
Court orders
#- 1.The preliminary objection dated 10th March, 2026 is upheld
- 2.The Chamber Summons dated 24th February, 2026 is dismissed with costs to the Interested Party
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 8 and 9 of the Law Reform Act (Cap 26) and Order 53 of the Civil Procedure Rules, 2010
Relief refused
#Leave to apply for judicial review orders of certiorari and prohibition
Application filed approximately 32 months after the impugned decision, far outside the mandatory six-month limitation under section 9(3) of the Law Reform Act and Order 53 Rule 2
Leave operating as stay of the decision of 12th May, 2023
Follows from dismissal of the leave application
Costs of the application against the Interested Party
Costs were instead awarded to the Interested Party
Costs
Costs of the application to the Interested Party
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.
A statutory time limitation cannot be enlarged under the inherent jurisdiction of this court or under subsidiary legislation such as the provisions of the Civil Procedure Rules, 2010.
Accordingly, the preliminary objection dated 10th March, 2026 ought to be upheld. The Chamber Summons dated 24 st February, 2026 ought to be dismissed with costs to the Interested Party.
Issues in the judgment
#Typographical error in the 2nd Respondent's name
Delay computed inconsistently between submissions and judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Daniel Mathuva Musa v Deputy County Commissioner, Kilungu Sub-County & others", Case Analysis (2026). ELC Miscellaneous Application No. E005 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6293/eng@2026-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.