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

Republic v District Land Adjudication & Settlement Officer – Igembe & another; Maingi & another (Interested Parties); Maingi (Ex parte Applicant) (Environment and Land Judicial Review Case E003 of 2025) [2025] KEELC 5356 (KLR) (2 July 2025) (Ruling)

Neutral citation: [2025] KEELC 5356 (KLR)

Republic of Kenya

In the Environment and Land Court at Meru

Environment and Land Judicial Review Case E003 of 2025

BM Eboso, J

July 2, 2025

Between

Republic

Applicant

and

The District Land Adjudication & Settlement Officer – Igembe

1st Respondent

The Attorney General

2nd Respondent

and

Patrick Gitonga Maingi

Interested Party

Albano Stephen Njilu Maingi

Interested Party

and

Timothy Michubu Maingi

Ex parte Applicant

Ruling

1. The court has considered the arguments advanced by the ex-parte applicant in support of the plea for leave. The Attorney General does not oppose the plea.

2. The interested parties fault the ex-parte applicant for raising factual issues and for failing to file an ordinary civil suit. The ex-parte applicant’s rejoinder is that the 1st respondent has failed to grant him consent and therefore he cannot file an ordinary civil suit.

3. Taking into account the foregoing, the court comes to the conclusion that there may be issues that warrant further consideration through a substantive judicial review motion. Consequently, the ex-parte applicant is granted leave to initiate judicial review proceedings as prayed. The motion shall be filed and served within 21 days and responded to within 21 days of service. Mention on 16/9/2025 for directions on disposal.

DATED, SIGNED AND DELIVERED AT MERU THIS 2ND DAY OF JULY, 2025B M EBOSOJUDGEIn presence ofMr. Koome for the Ex-parte ApplicantMr. Gikonyo for the Interested PartyMs Wairimu for the RespondentCourt Assistant - Tupet