Kenya Case Law

Republic v Cabinet Secretary for Interior and Co-Ordination of National Government & 2 others; Shakoor (Ex parte Applicant)

Republic v Cabinet Secretary for Interior and Co-Ordination of National Government & 2 others; Shakoor (Ex parte Applicant) [2025] KEHC 10291 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E070 of 2024

Judge

JM Chigiti

The court held that it lacked jurisdiction to grant leave for judicial review orders of certiorari because the application was filed outside the six-month statutory period prescribed by Order 53 Rule 2 of the Civil Procedure Rules and Section 9(3) of the Law Reform Act. The statutory time limit is absolute and cannot be extended by the court. Without compliance with this requirement, the court cannot entertain the application or grant leave, regardless of the merits or the nature of the alleged violations. The court emphasized that jurisdiction is foundational and must be established before a…

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• Judicial Review Leave
• Immigration Permits
• Fair Administrative Action
• Jurisdictional Limits
• Certiorari Time Limit

Ochieng v Principal Secretary, State Department for Basic Education

Ochieng v Principal Secretary, State Department for Basic Education [2025] KEHC 10441 (KLR)

Court

High Court

Case number

Judicial Review 414 of 2014

Judge

JM Chigiti

The High Court granted the applicant leave to file one further judicial review application, while leaving earlier restrictions against further filings in place.

• Judicial Review Leave
• Vexatious Litigant Orders
• Access To Justice
• Abuse Of Process
• Judicial-review
• Leave-to-apply

Republic Between Ex-Parte James Odhiambo Onyango v Land Registrar Ugenya Sub County

Republic Between Ex-Parte James Odhiambo Onyango v Land Registrar Ugenya Sub County [2025] KEELC 5209 (KLR)

Court

Environment and Land Court

Case number

Judicial Review Application E002 of 2024

Judge

AE Dena

The court found that the applicant's request for leave to apply for judicial review orders was fatally defective due to non-compliance with the mandatory statutory timeline. The impugned administrative action—the cancellation of the title—occurred on 29 July 2021, while the application for leave was filed in July 2024, well outside the six-month limitation period prescribed by Order 53 Rule 2 of the Civil Procedure Rules and Section 9(3) of the Law Reform Act. The court held that it lacked jurisdiction to extend this period, as established by binding precedent. Consequently, regardless of the…

Source excerpt

• Judicial Review Leave
• Land Title Cancellation
• Procedural Timelines
• Fair Administrative Action
• Natural Justice

Republic v District Land Adjudication & Settlement Officer – Igembe & another; Maingi & another (Interested Parties); Maingi (Ex parte Applicant)

Republic v District Land Adjudication & Settlement Officer – Igembe & another; Maingi & another (Interested Parties); Maingi (Ex parte Applicant) [2025] KEELC 5356 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Case E003 of 2025

Judge

BM Eboso

The Environment and Land Court granted leave to commence judicial review, finding the applicant had raised arguable issues, including alleged refusal of consent to file an ordinary suit.

• Land Adjudication
• Judicial Review Leave
• Consent Requirement
• Civil Suit Prerequisites
• Judicial-review
• Land-adjudication

Kabwi v District Land Adjudication Officer Tigania East & another; Nthuku (Interested Party)

Kabwi v District Land Adjudication Officer Tigania East & another; Nthuku (Interested Party) [2025] KEELC 5189 (KLR)

Court

Environment and Land Court

Case number

Judicial Review E005 of 2025

Judge

JO Mboya

The court found that the applicant failed to exhibit any decision of the adjudication committee capable of enforcement by mandamus. The only decision annexed was that of the land adjudication and settlement officer, which dismissed the applicant's objection and contained only suggestions or observations regarding re-demarcation, not binding directives. Without a lawful and enforceable decision of the adjudication committee, the application was premised on a non-existent decision. Consequently, the court lacked jurisdiction to grant leave for judicial review in the nature of mandamus. The appl…

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• Judicial Review Leave
• Mandamus
• Land Adjudication Decisions
• Public Duty
• Jurisdiction
• Administrative Action

Cocopan Construction Kenya Limited v Public Procurement Regulatory Board's Department Commitee & 2 others; Judiciary (Interested Party)

Cocopan Construction Kenya Limited v Public Procurement Regulatory Board's Department Commitee & 2 others; Judiciary (Interested Party) [2025] KEHC 8203 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E063 of 2025

Judge

RE Aburili

The High Court granted leave for judicial review and stay of a debarment decision, but declined to certify the procurement dispute as urgent.

• Public Procurement
• Judicial Review Leave
• Debarment Proceedings
• Stay Of Implementation
• Judicial-review
• Public-procurement

Gabre v National Police Service & 2 others; Republic (Interested Party)

Gabre v National Police Service & 2 others; Republic (Interested Party) [2025] KEHC 7278 (KLR)

Court

High Court

Case number

Judicial Review Application E139 of 2025

Judge

RE Aburili

The High Court declined leave for judicial review, finding no arguable prima facie case and holding that parallel civil proceedings did not bar police investigations.

• Judicial Review Leave
• Police Powers
• Parallel Civil And Criminal Proceedings
• Prima Facie Case Threshold
• Judicial-review-leave
• Police-investigations

Republic v Senior Resident Magistrate Wang’uru & another; Kariuki (Exparte Applicant)

Republic v Senior Resident Magistrate Wang’uru & another; Kariuki (Exparte Applicant) [2025] KEELC 4039 (KLR)

Court

Environment and Land Court

Case number

Judicial Review E003 of 2023

Judge

JM Mutungi

The Environment and Land Court struck out a judicial review leave application as statute barred because it was brought under Order 53 and filed long after the six-month limit.

• Judicial Review Leave
• Statutory Time Limits
• Succession Proceedings
• Administrative Action
• Jurisdiction
• Abuse Of Process

Burn Manufacturing USA LLC v Commissioner of Customs & Border Control

Burn Manufacturing USA LLC v Commissioner of Customs & Border Control [2025] KEHC 5111 (KLR)

Court

High Court

Case number

Judicial Review Application E069 of 2025

Judge

RE Aburili

The court found that the applicant had established an arguable case for judicial review, as the respondent's refusal to extend time for review may have been in breach of section 229(3) of the East African Community Customs Management Act, 2004 and potentially in excess of statutory jurisdiction. The court emphasized that at the leave stage, it does not engage in a detailed analysis of the merits but only determines whether the application is not frivolous or vexatious and is fit for further investigation. The court further held that, since enforcement of the impugned decision had not yet occu…

Source excerpt

• Judicial Review Leave
• Certiorari Mandamus Prohibition
• Customs Management
• Statutory Jurisdiction
• Stay Of Implementation

Republic v Land Acquisition Tribunal; Mulu & 55 others & 2 others (Interested Parties); Kenya National Highways Authority (Exparte Applicant)

Republic v Land Acquisition Tribunal; Mulu & 55 others & 2 others (Interested Parties); Kenya National Highways Authority (Exparte Applicant) [2025] KEELC 3411 (KLR)

Court

Environment and Land Court

Case number

Judicial Review Miscellaneous Application E039 of 2024

Judge

CA Ochieng

The Environment and Land Court dismissed an application for leave to seek judicial review against the Land Acquisition Tribunal, holding the Tribunal was not shown to lack jurisdiction.

• Tribunal Jurisdiction
• Judicial Review Leave
• Quorum Of Statutory Tribunals
• Compulsory Land Acquisition
• Ultra Vires Actions
• Exhaustion Of Alternative Remedies