[2025] KEELC 1381 (KLR)
The court found that the notice of motion and notice of appeal initiating the judicial review proceedings were filed without the requisite leave of the court, rendering them incompetent. The subsequent chamber summons seeking leave could not cure the procedural defect, as the proceedings were already fatally flawed....
Source-derived case information.
- Citation
- [2025] KEELC 1381 (KLR)
- Parties
- Applicant: Henry Muriira Mbaabu; Respondent: Cabinet Secretary Incharge Of Lands; Respondent: Deputy County Commissioner Buuri West Sub County; Respondent: County Commissioner Meru County; Respondent: Cief Land Registrar; Respondent: Director Land Adjudicaiton Imenti North/Imenti South; Respondent: Daniel Nkanata Naitira
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case E010 of 2024
- Procedural Posture
- Judicial Review / Ruling on Preliminary Application
- Outcome
- suit struck out as incompetent
- Judges
- BM Eboso
- Legal Topics
- Judicial Review Procedure, Leave to Apply, Competency of Pleadings, Land Adjudication
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Muriira Mbaabu
Applicant
Cabinet Secretary Incharge Of Lands
Respondent
Deputy County Commissioner Buuri West Sub County
Respondent
County Commissioner Meru County
Respondent
Cief Land Registrar
Respondent
Director Land Adjudicaiton Imenti North/Imenti South
Respondent
Daniel Nkanata Naitira
Respondent
Procedural Posture
Judicial Review / Ruling on Preliminary Application
Legal Issues
- 1 Whether the notice of motion and notice of appeal initiating the judicial review proceedings were competent.
- 2 Whether leave of court was required before filing the notice of motion in judicial review proceedings.
- 3 Whether the chamber summons seeking leave could be admitted after the notice of motion had already been filed.
Ratio Decidendi
The court found that the notice of motion and notice of appeal initiating the judicial review proceedings were filed without the requisite leave of the court, rendering them incompetent. The subsequent chamber summons seeking leave could not cure the procedural defect, as the proceedings were already fatally flawed. The court held that once the notice of motion is struck out for want of leave, the entire cause must be struck out. The applicant was advised to initiate fresh proceedings if he wished to pursue the matter, and was ordered to bear the costs of the struck out cause.
Court Disposition
suit struck out as incompetent
Orders
- The case is struck out for being fatally incompetent.
- The applicant shall bear the costs of the cause.
Full Case Text
Judgment text and source record
30 paragraphs
Mbaabu v Cabinet Secretary incharge of Lands & 5 others (Environment and Land Judicial Review Case E010 of 2024) [2025] KEELC 1381 (KLR) (17 March 2025) (Ruling)
Neutral citation: [2025] KEELC 1381 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Environment and Land Judicial Review Case E010 of 2024
BM Eboso, J
March 17, 2025
Between
Henry Muriira Mbaabu
Applicant
and
The Cabinet Secretary Incharge Of Lands
1st Respondent
Deputy County Commissioner Buuri West Sub County
2nd Respondent
County Commissioner Meru County
3rd Respondent
Cief Land Registrar
4th Respondent
Director Land Adjudicaiton Imenti North/Imenti South
5th Respondent
Daniel Nkanata Naitira
6th Respondent
Ruling
1. This cause was initiated as a judicial review on 25/9/2024. The instruments initiating the judicial review cause were: (i) a notice of motion dated 23/9/2024 and (ii) a notice of appeal dated 23/9/2024. Subsequent to that, the ex-parte applicant filed a chamber summons seeking leave of the court to initiate judicial review proceedings.
2. Today, the ex-parte applicant has applied for an order expunging the notice of motion that initiated the cause and the admission of the subsequent chamber summons.
3. Clearly, both the notice of motion and the notice of appeal are incompetent. So is the chamber summons. Once the notice of motion is struck out for having been filed without leave of the court, that will be the end of this cause. If the applicant wants to obtain leave, he should bring a fresh cause.
4. The result is that the case/suit is struck out for being fatally incompetent. The applicant will be at liberty to initiate competent proceedings if he so desires. The ex-parte applicant shall bear costs of this cause.
5. It is so ordered.
DATED SIGNED AND DELIVERED AT MERU ON 17TH MARCH, 2025B.M EBOSO [MR]JUDGE