https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3612
The court found the application fit for leave and granted leave as sought, but declined to order that leave operate as a stay because the supporting letter was old and no updated record of events between the date of that letter and the ruling was provided to show the consequences of issuing a stay or to justify that...
Source-derived case information.
- Citation
- [2026] KEELC 3612 (KLR)
- Parties
- Applicant: Republic; 1st Respondent: The Principal Secretary, Ministy of Lands, Housing & Urban Development; 2nd Respondent: The Hon. Attorney General; 3rd Respondent: The National Land Commission; 1st Interested Party: Land Settlement Fund Trust; 2nd Interested Party: Kon-Dertu Ranching Co. Ltd; 3rd Interested Party: The County Government of Tana River; 4th Interested Party: The Hon. Member of Parliament Garsen; 5th Interested Party: The Hon. Senator, Tanariver County; Ex Parte Applicant: Dokota Masha Kodota; Ex Parte Applicant: Jillo Kokani Jilo
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E002 of 2026
- Procedural Posture
- Judicial Review Application / Ruling on Leave and Stay
- Outcome
- Leave granted; stay refused; matter set for filing and service directions.
- Judges
- ["FM Njoroge"]
- Legal Topics
- Leave to Commence Judicial Review, Stay Pending Judicial Review, Service of Substantive Motion, Interested Parties in Judicial Review, Affidavit of Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The Principal Secretary, Ministy of Lands, Housing & Urban Development
1st Respondent
The Hon. Attorney General
2nd Respondent
The National Land Commission
3rd Respondent
Land Settlement Fund Trust
1st Interested Party
Kon-Dertu Ranching Co. Ltd
2nd Interested Party
The County Government of Tana River
3rd Interested Party
The Hon. Member of Parliament Garsen
4th Interested Party
The Hon. Senator, Tanariver County
5th Interested Party
Dokota Masha Kodota
Ex Parte Applicant
Jillo Kokani Jilo
Ex Parte Applicant
Procedural Posture
Judicial Review Application / Ruling on Leave and Stay
Legal Issues
- 1 Whether the applicants had met the threshold for leave to commence judicial review.
- 2 Whether leave should operate as a stay of the impugned decision or action.
- 3 What consequential directions should issue for filing and service of the substantive motion and responses.
Ratio Decidendi
The court found the application fit for leave and granted leave as sought, but declined to order that leave operate as a stay because the supporting letter was old and no updated record of events between the date of that letter and the ruling was provided to show the consequences of issuing a stay or to justify that relief.
Court Disposition
Leave granted; stay refused; matter set for filing and service directions.
Orders
- Leave granted in prayers No. 2, 3, and 5 as amended.
- No order of stay issued.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Principal Secretary, Ministy of Lands, Housing & Urban Development & 7 others; Kodota & another (Ex parte Applicants) (Suing on Their Behalf and on Behalf of 24 others as Per the Attached List) (Judicial Review Application E002 of 2026) [2026] KEELC 3612 (KLR) (11 June 2026) (Ruling) Neutral citation: [2026] KEELC 3612 (KLR) Republic of Kenya In the Environment and Land Court at Malindi Judicial Review Application E002 of 2026 FM Njoroge, J June 11, 2026 Between Republic Applicant and The Principal Secretary, Ministy of Lands, Housing & Urban Development 1st Respondent The Hon. Attorney General 2nd Respondent The National Land Commission 3rd Respondent and Land Settlement Fund Trust 1st Interested Party Kon-Dertu Ranching Co. Ltd 2nd Interested Party The County Government of Tana River 3rd Interested Party The Hon. Member of Parliament Garsen 4th Interested Party The Hon. Senator, Tanariver County 5th Interested Party and Dokota Masha Kodota Ex parte Applicant Jillo Kokani Jilo Ex parte Applicant Suing on Their Behalf and on Behalf of 24 others as Per the Attached List Ruling 1.I have considered the application dated 3/6/2026 as amended orally today and I find that it is fit to grant the applicant leave, and I therefore grant leave as sought in prayers No. 2, and 3, and also prayer no 5 as amended. 2.Regarding whether the leave ought to operate as a stay, I have also considered the submissions of all counsel present and found that the letter relied on is old, having been written on 9/12/2025, and no record of happenings between that date and the date of this order has been availed to enable the court to fully be aware of the consequences of its stay order, if the same were to be issued. No order of stay has therefore been shown to be deserved by the applicant. 3.The substantive Judicial Review Notice of Motion shall be filed and served within 21 days from the date of this order on all Interested Parties and the Respondents and an affidavit of service shall be filed. 4.All interested parties and respondents shall file their replying affidavits within 14 days of service and the matter shall be appropriately be brought up early for the attention of this court, with a copy of this ruling attached to the substantive judicial review notice of motion. 5.This file shall be closed. DATED, SIGNED AND DELIVERED AT MALINDI ON THIS 11TH JUNE 2026. MWANGI NJOROGEJUDGE, ELC MALINDI.