[2015] KEHC 4410 (KLR)
The court found that the substantive judicial review application was filed three days outside the 21-day period granted when leave was issued. Relying on binding authority from the Court of Appeal, the court held that it lacks jurisdiction to extend time in judicial review proceedings. Consequently, the application...
Source-derived case information.
- Citation
- [2015] KEHC 4410 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman, Amagoro Land Disputes Tribunal; Interested Party: Jacinta Papa; Applicant: Paul Mafwabi Wanyama
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 10 of 2010
- Procedural Posture
- Judicial Review / Ruling on Preliminary Objection
- Outcome
- preliminary objection upheld; application struck out and dismissed with costs
- Legal Topics
- Judicial Review Timelines, Extension of Time, Land Disputes Tribunal Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chairman, Amagoro Land Disputes Tribunal
Respondent
Jacinta Papa
Interested Party
Paul Mafwabi Wanyama
Applicant
Procedural Posture
Judicial Review / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the substantive judicial review application was filed within the time limited by the court.
- 2 Whether the High Court has jurisdiction to extend time for filing substantive judicial review applications beyond the period granted at leave stage.
Ratio Decidendi
The court found that the substantive judicial review application was filed three days outside the 21-day period granted when leave was issued. Relying on binding authority from the Court of Appeal, the court held that it lacks jurisdiction to extend time in judicial review proceedings. Consequently, the application was a nullity for being filed out of time and was struck out and dismissed with costs to the Interested Party.
Court Disposition
preliminary objection upheld; application struck out and dismissed with costs
Orders
- The preliminary objection by the Interested Party is upheld.
- The Notice of Motion dated 20th February, 2009 and filed on 23rd February, 2009 is struck out and dismissed.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT BUSIA.
JUDICIAL REVIEW NO. 10. OF 2010.
IN THE MATTER OF AN APPLICATION BY PAUL MAFWABI WANYAMA FOR LEAVE TO APPLY FOR
JUDICIAL REVIEW ORDERS OF CERTIORARI
AND
IN THE MATTER OF BUSIA PRINCIPAL MAGISTRATE’S COURT LAND DISPUTES TRIBUNAL CASE. NO. 89 OF 2008.
IN THE MATTER OF DECITION OF AMAGORO LAND DISPUTES TRIBUNAL CASE NO. 15 OF 2007
NORTH TESO LOCATION
BETWEEN
REPUBLIC……………………………………………..………………………APPLICANT
VERSUS
THE CHAIRMAN AMAGORO LAND DISPUTES.TRIBUNAL…………..RESPONDENT.
AND
JACINTA PAPA ……………………………………………............INTERESTED PARTY
EX-PARTE
IN THE MATTER OF PAUL MAFWABI WANYAMA……………............…APPLICANT.
R U L I N G.
JACINTA PAPA, the Interested Party, through M/S. Ipapu P. Jackah & company advocates gave notice, dated 21st January, 2015 to raise preliminary objection to the application dated 20th February, 2009 for being an abuse of the courts process for reasons that it was filed out of time.
The notice was served and heard on 6th May, 2015 in the absence of the Exparte Applicant’s counsel.
The court has carefully considered the submissions by the Interested Party’s counsel and the Court of Appeal, Kisumu decision of 18th December, 2014 in Civil Appeal number 41 of 2013 in Republic -vs- The Chairman, Amagoro Land Disputes Tribunal & Another,Exparte Applicant Paul Mafwabi Wanyama. The court has also considered the proceedings in this file and the pleadings filed herein and find as follows;
That the leave to file the substantive application was granted on 30th January, 2009.
The Exparte Applicant was directed to file the substantive application in 21 days.
The substantive application dated 20th February, 2009 was filed on 23rd February, 2009. This was three (3) days outside the 21 days ordered during the leave application orders.
That as held in the Court of Appeal decision cited above, this court has no jurisdiction to extend time in judicial review proceedings and the Notice of Motion dated 20th February, 2009 and filed on 23rd February, 2009 is a nullity and of no consequence for being filed out of time.
The preliminary objection by the Interested Party is therefore upheld and the notice of motion dated 20th February, 2009 and filed on 23rd February, 2009, is hereby struck out and dismissed with costs to the Interested Party.
It is so ordered.
S.M. KIBUNJA,
JUDGE.
DATED AND DELIVERED ON 11TH DAY OF JUNE, 2015.
IN THE PRESENCE OF;
APPLICANT……………ABSENT………………………………………………….
RESPONDENT…………ABSENT…………………………………………………
COUNSEL……MR. IPAPU FOR INTERESTED PARTY.………………………
JUDGE.