Republic v Cabinet Secretary for Lands & Physical Planning; Mbiti (Ex parte Applicant) (Environment and Land Judicial Review Case E005 of 2024) [2025] KEELC 3714 (KLR) (30 April 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3714
- Citation
- [2025] KEELC 3714 (KLR)
- Decided
- 30 April 2025
Summary at a glance
TypeJudicial ReviewPostureRespondent's preliminary objection to Ex-parte applicant's application for an order of mandamusCoramK. BOR, J
The preliminary objection on the grounds of time limitation under Section 9(2) of the Law Reform Act is merited and the ex-parte applicant's chamber summons application is dismissed with costs to the respondents.
Facts
Ex-parte applicant Augustine Njiru Mbiti purchased land in 1979 and filed an objection case and a minister's appeal case, which have not been heard and determined. He seeks an order compelling the Cabinet Secretary for Lands & Physical Planning to hear and determine the appeal.
Issues
- Whether the application is time barred under Section 9(2) of the Law Reform Act
- Whether the applicant's claim is barred by the general limitation period of 6 years for civil actions against the government
Reasoning
The application is time barred as the act or omission in this case, the failure to hear and determine Minister’s Appeal No. 940 of 1990, dates back over thirty years. The applicant cannot sit on his rights indefinitely and the delay in bringing the application has not been explained.
Outcome
The ex-parte applicant's application for an order of mandamus is dismissed with costs.
Orders
- The ex-parte applicant's chamber summons application dated 25/10/2024 is dismissed with costs to the respondents.
Authorities cited
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