Saverio Mithika v District Land Adjudication and Settlement Officer Tigania East/west District & 1 other
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the objection proceedings were conducted without a proper quorum under section 9 of the Land Consolidation Act
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.
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.
Whether due process was followed in the objection proceedings
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.
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.
Whether the ELC erred in dismissing the judicial review application
The ELC did not err; the judicial review application was properly dismissed since the decision-making process was lawful.
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.
Legal principles established
#- 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
#- 1.The appeal against the 2nd respondent was marked as abated following his death on 22nd May 2022.
- 2.The appeal is dismissed.
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.