Republic v County Land Registrar & 9 others; Mlambo & another (Suing as the defunct Chairman and Treasurer respectively of the Executive Committee of Kishamba 'B' Group Ranch) (Ex parte Applicant) (Environment and Planning Judicial Review E001 of 2025) [2026] KEELC 1827 (KLR) (Environment and Land) (25 March 2026) (Judgment)

Summary at a glance

Facts

The Exparte Applicants sought leave to apply for judicial review orders against the Community Land Registrar's decision to issue a Certificate of Registration for Kishamba 'B' Group Ranch. The application was triggered by events that arose post-judgment or towards the implementation of the court's previous judgment.

Issues

• Whether the proceedings are res judicata.
• Whether the Exparte Applicants have made a case for the grant of the judicial review orders sought.

Reasoning

The Court considers the doctrine of res judicata under section 7 of the Civil Procedure Act and clarifies that it does not apply where subsequent events give rise to a fresh cause of action. The Court finds that the Exparte Applicants have made a case for the grant of the judicial review orders sought.

Outcome

The Court grants the Exparte Applicants leave to apply for orders of certiorari, prohibition, and mandamus.

Orders

• An order of certiorari to remove to the High Court and quash the decision of the Community Land Registrar to issue a Certificate of Registration for Kishamba 'B' Group Ranch.
• An order of prohibition prohibiting the meeting scheduled for 19th December 2025.
• An order of mandamus directed at the Respondents to discharge their statutory obligations as per the Community Land Act, Physical and Land Use Planning Act, and other relevant statutes.

Remedies

• Removal of the decision to issue a Certificate of Registration for Kishamba 'B' Group Ranch.
• Prohibition of the meeting scheduled for 19th December 2025.
• Discharge of the statutory obligations as per the Community Land Act, Physical and Land Use Planning Act, and other relevant statutes.

Authorities cited