Ndung’u & 4 others v Nairobi City County Government & 4 others [2025] KEHC 6803 (KLR)

Ndung’u & 4 others v Nairobi City County Government & 4 others (Judicial Review Application E140 of 2025) [2025] KEHC 6803 (KLR) (Judicial Review) (26 May 2025) (Ruling)

Neutral citation: [2025] KEHC 6803 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Application E140 of 2025

RE Aburili, J

May 26, 2025

Between

Stephen Ndung’u

1st Applicant

Vivian Wanjiru Njuguna

2nd Applicant

Emily Njonjo

3rd Applicant

Justus Ngemu

4th Applicant

Judith Ashioya

5th Applicant

and

Nairobi City County Government

1st Respondent

Nairobi City County Secretary

2nd Respondent

Chief Officer Urban Development and Urban Planning, Nairobi City County

3rd Respondent

Chief Officer Housing and Urban Renewal Nairobi City County

4th Respondent

The Hon Attorney General

5th Respondent

Ruling

1. The chamber summons dated 22nd May 2025 seeks leave to apply for Judicial Review orders of certiorari to remove into this court and quash the decision of the Respondents’ eviction plans and unlawful evictions at Ofafa Jericho and Jericho Lumumba estates.

2. The 5 applicants also seek an order of prohibition restraining the Respondents’ agents/servants from carrying out eviction unless they adhere to lawful procedures.

3. The applicants further seek for mandamus order compelling the Respondents to issue formal written notices in accordance with the Fair Administrative Action Act, 2015, maintain transparency in eviction procedure and prevent unlawful destruction or theft of residents’ property.

4. They further pray that the leave granted do operate as stay of the decision to evict the applicants from their residences.

5. I have perused the application which is supported by a statutory statement and verifying affidavit as well as the annextures thereto and I am unable to certify it as urgent for reasons that the matter discloses a cause of action which does not fall within the jurisdiction of this court.

6. Matters of eviction from land for non-payment of rents fall within the jurisdiction of the Environment and Land Court and not the High Court.

7. Although the pleadings are meticulously drafted, an indication that there was a legal mind and hand aiding the drafting by the applicants who are self-represented, without jurisdiction, this court has no power to make any substantive orders on merit.

8. Article 165(5) (b) of the Constitution expressly bars this court from entertaining disputes which are in the preserve of the Environment and Land Court. The Article stipulates:165(5) The High Court shall not have jurisdiction in respect ofmatters—(a)reserved for the exclusive jurisdiction of the Supreme Court under this Constitution; or(b)falling within the jurisdiction of the courts contemplated in Article 162 (2)

9. For the above reasons, I find that the appropriate order to be made is to decline jurisdiction and strike out the chamber summons dated 22/5/2025 and direct the applicants to file their case before an appropriate legal forum, not being the High Court.

10. Accordingly, for want of jurisdiction, the chamber summons dated 22/5/2025 is hereby struck out with no orders as to costs

11. The Registry to notify the applicants.

12. I so order.

13. This file is hereby closed.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 26THDAY OF MAY, 2025R.E. ABURILIJUDGE