[2018] KEELC 4275 (KLR)
The court held that the applicant failed to provide any good reason for the delay in filing the application for leave to apply for orders of certiorari, as required by Order 53 Rule 2 of the Civil Procedure Rules. Since the application was filed more than four years after the Minister's decision, and no explanation...
Source-derived case information.
- Citation
- [2018] KEELC 4275 (KLR)
- Parties
- Applicant: Samson Mutuku Ngutwa; Respondent: The Minister for Lands; Respondent: The Attorney General; Interested Party: Kyati Salvation Army
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 258 of 2016
- Procedural Posture
- Miscellaneous Application / Application for Leave to Commence Judicial Review Proceedings
- Outcome
- application dismissed
- Judges
- OA Angote
- Legal Topics
- Judicial Review, Certiorari, Limitation Periods, Ministerial Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Mutuku Ngutwa
Applicant
The Minister for Lands
Respondent
The Attorney General
Respondent
Kyati Salvation Army
Interested Party
Procedural Posture
Miscellaneous Application / Application for Leave to Commence Judicial Review Proceedings
Legal Issues
- 1 Whether the applicant is entitled to leave to apply for orders of certiorari to quash the Minister's decision.
- 2 Whether the application for leave was filed within the statutory limitation period under Order 53 Rule 2 of the Civil Procedure Rules.
Ratio Decidendi
The court held that the applicant failed to provide any good reason for the delay in filing the application for leave to apply for orders of certiorari, as required by Order 53 Rule 2 of the Civil Procedure Rules. Since the application was filed more than four years after the Minister's decision, and no explanation for the delay was offered, the court found the application to be time-barred and dismissed it accordingly.
Court Disposition
application dismissed
Orders
- The application dated 20th September, 2016 is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MACHAKOS
ELC. MISC. APPLN. NO. 258 OF 2016
SAMSON MUTUKU NGUTWA ......................................APPLICANT
VERSUS
THE MINISTER FOR LANDS .............................1ST RESPONDENT
THE ATTORNEY GENERAL ..............................2ND RESPONDENT
AND
KYATI SALVATION ARMY .............................INTERESTED PARTY
JUDGMENT
1. In the Notice of Motion dated 20th September, 2016, the Ex-parte Applicant has prayed for the following Judicial Review reliefs:
a. That leave be granted to the Applicant to apply for orders of certiorari to remove and/or quash the findings and Judgment of the Minister dated 14th September, 2012.
b. That the said leave to operate as stay of execution of the said orders.
c. That cost of this Application be paid for.
2. The Application is supported by the grounds on the face of the Application. In the said grounds, the Applicant has averred that the District Commissioner, Kathiani District in Appeal Case No. 157 of 2007 acted in excess of his powers by dismissing the Applicant’s Appeal.
3. The current Application is seeking for leave to commence Judicial Review proceedings. In the Application, the Ex-parte Applicant wants to quash the decision of the Minister which was made on 14th September, 2012, four (4) years later.
4. No reason has been given as to why the Ex-parte Applicant had to wait for over four (4) years before filing the current Application.
5. In the absence of any good reason as to why the Application seeking for leave to apply for orders of certiorari was not filed within six (6) months pursuant to the provision of Order 53 Rule 2 of the Civil Procedure Rules, I dismiss the Application dated 20th September, 2016 with no order as to costs.
DATED, DELIVERED AND SIGNED IN MACHAKOS THIS 2ND DAY OF MARCH, 2018.
O. A. ANGOTE
JUDGE