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Court of AppealDismissedCivil Appeal (number not stated in the judgment; from Judicial Review Case No. 7 of 2017, Meru)· [2026] KECA 355 (KLR)

Saverio Mithika v District Land Adjudication and Settlement Officer Tigania East/west District & 1 other

Court of Appeal of Kenya
27 February 2026
2,562 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Court of Appeal dismissed a landowner's challenge to land adjudication objection proceedings because he offered no evidence that the committee lacked a quorum.

What this practically means

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Executive summary

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This was an appeal to the Court of Appeal at Nyeri against the dismissal by the High Court (L. N. Mbugua, J., on 23rd January 2018, in Judicial Review Case No. 7 of 2017 at Meru) of Saverio Mithika's application for orders of certiorari and prohibition quashing and restraining implementation of the District Land Adjudication and Settlement Officer Tigania East/West's decision of 25th November 2016 in Objection No. 176 concerning land parcels Nos. 1196, 1249 and 2286 in Antuamburi Adjudication Section. The objection proceedings arose under the Land Consolidation Act, Cap 283, following directions by the Court of Appeal in Civil Appeal No. 28 of 2015 that the dispute be heard afresh in accordance with the law. The appellant's principal complaint was that the objection proceedings were conducted without the statutorily required quorum of the Adjudication Committee under section 9 of the Act and otherwise in breach of due process. At the hearing, the Court was informed that the 2nd respondent had died on 22nd May 2022 and the appeal against him was marked as abated. Considering the appeal as a first appeal requiring a full re-examination of the evidence, the Court framed three issues: quorum, due process, and the orders to issue. It held that the appellant bore the evidential burden of demonstrating the absence of quorum and had produced no material evidence; unrebutted affidavit evidence showed 21 committee members were present, and the appellant had participated without objection. No specific procedural violations or denial of a hearing were demonstrated, and the Court's earlier directions had been complied with. The appeal was dismissed with no order as to costs, given the 2nd respondent's death. The decision of the High Court/ELC stands affirmed.

Key legal issues

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01

Whether the objection proceedings were conducted without a proper quorum under section 9 of the Land Consolidation Act

Holding

The appellant failed to discharge the evidential burden of proving absence of quorum; the respondents' affidavits stating that 21 committee members were present stood unrebutted.

Reasoning

Section 9(1) prescribes the Committee's membership and quorum, whose purpose is legality, transparency and collective decision-making. The appellant alleged a quorum deficit but produced no material evidence; he did not object during the proceedings and did not swear a rebutting affidavit. The 2nd respondent and two committee members swore that 21 members were present. Allegation alone cannot invalidate quasi-judicial proceedings conducted under statute.

p. 6
02

Whether due process was followed in the objection proceedings

Holding

No specific procedural violations were demonstrated; the appellant was not denied a hearing and the directions in Civil Appeal No. 28 of 2015 were not disregarded.

Reasoning

The appellant alleged arbitrariness and failure to observe procedure but pointed to no specific violation. He participated in the objection of his own volition without objection at any point, all parties and witnesses were heard, and the 1st respondent conducted the proceedings as directed by this Court in Civil Appeal No. 28 of 2015. Natural justice was accordingly observed.

p. 6
03

Whether the ELC erred in dismissing the judicial review application

Holding

The ELC did not err; the judicial review application was properly dismissed since the decision-making process was lawful.

Reasoning

Judicial review examines the decision-making process rather than merits. Since the appellant failed to establish improper constitution of the Committee or violation of section 9 or the rules of natural justice, the High Court's dismissal of the certiorari and prohibition application was correct and the appeal must fail.

p. 6

Legal principles established

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  • On a first appeal, the appellate court must re-examine the entire evidential material and arrive at its own conclusions.
  • A party alleging that a statutory quorum was not met bears the burden of demonstrating that by evidence; mere allegation cannot invalidate quasi-judicial proceedings.
  • Judicial review is concerned with the decision-making process, not the merits of the decision.

Court orders

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  1. 1.The appeal against the 2nd respondent was marked as abated following his death on 22nd May 2022.
  2. 2.The appeal is dismissed.
  3. 3.No order as to costs, given the circumstances of the case and the fact that the 2nd respondent is deceased.
On appeal from
Environment and Land Court (sitting on appeal from the High Court, Meru)
Judicial Review Case No. 7 of 2017 (High Court, Meru); decision of the ELC on appeal (number not stated)
Jurisdiction invoked
First appeal to the Court of Appeal under applicable provisions of the Appellate Jurisdiction Act and the Constitution (provision not expressly cited in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Saverio Mithika v District Land Adjudication and Settlement Officer Tigania East/west District & 1 other", Case Analysis (2026). Civil Appeal (number not stated in the judgment; from Judicial Review Case No. 7 of 2017, Meru). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/355/eng@2026-02-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.