[2025] KEHC 6803 (KLR)
The court determined that it lacked jurisdiction to entertain the applicants' judicial review application because the dispute concerned eviction from land for non-payment of rent, a matter reserved for the Environment and Land Court under Article 162(2) and Article 165(5)(b) of the Constitution. The High Court is...
Source-derived case information.
- Citation
- [2025] KEHC 6803 (KLR)
- Parties
- Applicant: Stephen Ndung’u; Applicant: Vivian Wanjiru Njuguna; Applicant: Emily Njonjo; Applicant: Justus Ngemu; Applicant: Judith Ashioya; Respondent: Nairobi City County Government; Respondent: Nairobi City County Secretary; Respondent: Chief Officer Urban Development and Urban Planning, Nairobi City County; Respondent: Chief Officer Housing and Urban Renewal Nairobi City County; Respondent: The Hon Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E140 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Leave and Jurisdiction
- Outcome
- Application struck out for want of jurisdiction.
- Judges
- RE Aburili
- Legal Topics
- Eviction Procedure, Jurisdiction of Courts, Administrative Action, Landlord Tenant Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Ndung’u
Applicant
Vivian Wanjiru Njuguna
Applicant
Emily Njonjo
Applicant
Justus Ngemu
Applicant
Judith Ashioya
Applicant
Nairobi City County Government
Respondent
Nairobi City County Secretary
Respondent
Chief Officer Urban Development and Urban Planning, Nairobi City County
Respondent
Chief Officer Housing and Urban Renewal Nairobi City County
Respondent
The Hon Attorney General
Respondent
Procedural Posture
Judicial Review Application / Ruling on Leave and Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain disputes relating to eviction from land for non-payment of rent.
- 2 Whether the applicants are entitled to leave to apply for judicial review orders of certiorari, prohibition, and mandamus against the respondents' eviction actions.
- 3 Whether the applicants' grievances fall within the jurisdiction of the Environment and Land Court.
Ratio Decidendi
The court determined that it lacked jurisdiction to entertain the applicants' judicial review application because the dispute concerned eviction from land for non-payment of rent, a matter reserved for the Environment and Land Court under Article 162(2) and Article 165(5)(b) of the Constitution. The High Court is expressly barred from hearing such matters. As a result, the court struck out the chamber summons for want of jurisdiction and directed the applicants to seek redress before the appropriate forum. The court made no orders as to costs and closed the file.
Court Disposition
Application struck out for want of jurisdiction.
Orders
- The chamber summons dated 22/5/2025 is struck out for want of jurisdiction.
- Applicants are directed to file their case before the appropriate legal forum, not being the High Court.
Full Case Text
Judgment text and source record
45 paragraphs
Ndung’u & 4 others v Nairobi City County Government & 4 others (Judicial Review Application E140 of 2025) [2025] KEHC 6803 (KLR) (Judicial Review) (26 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6803 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E140 of 2025
RE Aburili, J
May 26, 2025
Between
Stephen Ndung’u
1st Applicant
Vivian Wanjiru Njuguna
2nd Applicant
Emily Njonjo
3rd Applicant
Justus Ngemu
4th Applicant
Judith Ashioya
5th Applicant
and
Nairobi City County Government
1st Respondent
Nairobi City County Secretary
2nd Respondent
Chief Officer Urban Development and Urban Planning, Nairobi City County
3rd Respondent
Chief Officer Housing and Urban Renewal Nairobi City County
4th Respondent
The Hon Attorney General
5th Respondent
Ruling
1. The chamber summons dated 22nd May 2025 seeks leave to apply for Judicial Review orders of certiorari to remove into this court and quash the decision of the Respondents’ eviction plans and unlawful evictions at Ofafa Jericho and Jericho Lumumba estates.
2. The 5 applicants also seek an order of prohibition restraining the Respondents’ agents/servants from carrying out eviction unless they adhere to lawful procedures.
3. The applicants further seek for mandamus order compelling the Respondents to issue formal written notices in accordance with the Fair Administrative Action Act, 2015, maintain transparency in eviction procedure and prevent unlawful destruction or theft of residents’ property.
4. They further pray that the leave granted do operate as stay of the decision to evict the applicants from their residences.
5. I have perused the application which is supported by a statutory statement and verifying affidavit as well as the annextures thereto and I am unable to certify it as urgent for reasons that the matter discloses a cause of action which does not fall within the jurisdiction of this court.
6. Matters of eviction from land for non-payment of rents fall within the jurisdiction of the Environment and Land Court and not the High Court.
7. Although the pleadings are meticulously drafted, an indication that there was a legal mind and hand aiding the drafting by the applicants who are self-represented, without jurisdiction, this court has no power to make any substantive orders on merit.
8. Article 165(5) (b) of the Constitution expressly bars this court from entertaining disputes which are in the preserve of the Environment and Land Court. The Article stipulates:165(5) The High Court shall not have jurisdiction in respect ofmatters—(a)reserved for the exclusive jurisdiction of the Supreme Court under this Constitution; or(b)falling within the jurisdiction of the courts contemplated in Article 162 (2)
9. For the above reasons, I find that the appropriate order to be made is to decline jurisdiction and strike out the chamber summons dated 22/5/2025 and direct the applicants to file their case before an appropriate legal forum, not being the High Court.
10. Accordingly, for want of jurisdiction, the chamber summons dated 22/5/2025 is hereby struck out with no orders as to costs
11. The Registry to notify the applicants.
12. I so order.
13. This file is hereby closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 26THDAY OF MAY, 2025R.E. ABURILIJUDGE