https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4299
The substantive judicial review motion had already been finally determined in 2013, the later review/set-aside attempt had not revived any live controversy, and the withdrawn Court of Appeal proceedings left nothing for the court to determine; the only proper course was to close and archive the file.
Source-derived case information.
- Citation
- [2026] KEELC 4299 (KLR)
- Parties
- Applicant: Ngiri Ikua (Represented by Agostino Ndaru Muitanjau); Respondent: Minister For Lands; 1st Interested Party: Dominic Mike Kaminja (Deceased); 2nd Interested Party: John Kariuki Maringa (Substituted 1st Interested Party); 3rd Interested Party: Land Registrar Mbeere District
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case 31 of 2016
- Procedural Posture
- Judicial Review / Ruling on Status/closure After Prior Determination
- Outcome
- File closed and archived; no further orders on the merits.
- Judges
- ["AK Bor"]
- Legal Topics
- Certiorari, Review and Setting Aside, Finality of Proceedings, Transfer Between Courts, Withdrawal of Appeal, Archiving of File
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ngiri Ikua (Represented by Agostino Ndaru Muitanjau)
Applicant
Minister For Lands
Respondent
Dominic Mike Kaminja (Deceased)
1st Interested Party
John Kariuki Maringa (Substituted 1st Interested Party)
2nd Interested Party
Land Registrar Mbeere District
3rd Interested Party
Procedural Posture
Judicial Review / Ruling on Status/closure After Prior Determination
Legal Issues
- 1 Whether there remained any live issue for determination by the court
- 2 Whether the substantive judicial review motion had already been finally determined
- 3 Whether the court could revisit or sit on appeal over a prior ruling of a judge of concurrent jurisdiction
Ratio Decidendi
The substantive judicial review motion had already been finally determined in 2013, the later review/set-aside attempt had not revived any live controversy, and the withdrawn Court of Appeal proceedings left nothing for the court to determine; the only proper course was to close and archive the file.
Court Disposition
File closed and archived; no further orders on the merits.
Orders
- The court file is to be closed and archived.
Full Case Text
Judgment text and source record
1 paragraphs
Ikua (Represented by Agostino Ndaru Muitanjau) v Minister for Lands & 3 others (Environment and Land Judicial Review Case 31 of 2016) [2026] KEELC 4299 (KLR) (30 June 2026) (Ruling) Neutral citation: [2026] KEELC 4299 (KLR) Republic of Kenya In the Environment and Land Court at Embu Environment and Land Judicial Review Case 31 of 2016 AK Bor, J June 30, 2026 Between Ngiri Ikua (Represented by Agostino Ndaru Muitanjau) Applicant and Minister For Lands Respondent and Dominic Mike Kaminja (Deceased) 1st Interested Party John Kariuki Maringa (Substituted 1st Interested Party) 2nd Interested Party Land Registrar Mbeere District 3rd Interested Party Ruling 1.Although this matter was scheduled to come up for judgment, on perusal of the court file this court noted that the suit had already been determined. The Applicant filed the substantive notice of motion dated 16/10/2012 seeking an order of certiorari to bring before the High Court the decision of the Respondent dated 30/8/2011 in Appeal No. 35 of 1989. The case was initially filed as Embu High Court JR No. 28 of 2012. Vide the ruling dated 17/4/2013, Lady Justice Ong’udi (as she then was) allowed the application dated 16/10/2012. 2.Subsequently, several applications were filed including the one dated 4/2/2016 seeking review and the setting aside of the orders made on 17/4/2013. 3.The suit was transferred from the High Court to the Environment and Land Court (ELC) vide the order which Lady Justice Muchemi made on 4/5/2016. In the ruling which Angima J delivered on 28/6/2017 on the application filed after the determination of the substantive motion by Lady Justice Ong’udi, Angima J, found that the ELC could not sit on appeal over the decision of Lady Justice Ong’udi and that the only remedy for the Interested Party was to file an appeal. 4.The Interested Party lodged Civil Appeal No. 7 of 2018 before the Court of Appeal at Nyeri. According to the order from the Court of Appeal dated 8/11/2022, that appeal was withdrawn. 5.The matter took long because parties took more than six months to avail a copy the decision from the Court of Appeal, which had a direct bearing on the status of the dispute. 6.As matters stand there is nothing left for this court to determine, the substantive judicial review application having been determined by Lady Justice Ong’udi (as she then was) in 2013. That being the case, the court file is to be closed and archived. DELIVERED VIRTUALLY AT BUNGOMA THIS 30TH DAY OF JUNE 2026.K. BORJUDGEIn the Presence of:-Ms. M. Chebet holding brief for Mr. D. Kamunda for the ApplicantCourt Assistant –Diana KemboiNo appearance for the other parties