Stanley Thianie Mbui & another v Land Adujidication Officer Tigania West District & another [2014] KECA 732 (KLR)

The court set out the statutory scheme: once the Minister applies the Act to an area of trust land, an adjudication officer is appointed under section 4 and exercises powers under sections 9, 10 and 11, including hearing objections under section 26. The court rejected the argument that only the Land Adjudication Committee could determine questions of interest in land, noting the appellants produced no evidence that the objections had been previously determined by the Committee or the African Court.

Since section 10(1) conferred jurisdiction over all claims relating to interests in land, entertaining the objections and determining them was intra vires. The officer also complied with the procedure in section 12 of the Act. Certiorari would only issue where a decision is without jurisdiction, in excess of jurisdiction, or in breach of natural justice, none of which was established.

Applying Lord Denning's formulation in AG (Gambia) v Nijie on 'person aggrieved', the court held that a person with a genuine grievance whose interest is prejudicially affected by the register may object. The 2nd respondent was representing his own interests in the land, not merely those of his deceased father's estate, so no grant of letters of administration was necessary.

Judicial review examines the decision-making process rather than merits. The court found the adjudication officer had jurisdiction and complied with section 12 of the Act. The appellants also failed to prove the land fell outside the Land Adjudication Act regime, producing no gazette notice showing the area was not an adjudication area, and had an alternative remedy of appeal to the Minister under section 29.