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Court of AppealDismissedAppeal from a constitutional petition; memorandum of appeal dated 16th July 2020

Kanampiu v Kanampiu (land adjudication constitutional petition appeal)

Court of Appeal of Kenya
29 May 2026
3,137 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal confirmed that land adjudication disputes cannot be turned into constitutional petitions when ordinary appeal or judicial review remedies exist.

What this practically means

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Executive summary

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This was a first appeal to the Court of Appeal at Nyeri against the dismissal, on 5th May 2020, of a constitutional petition in which the appellant challenged the excision of 18.14 acres from Parcel No. Kathwana/361 and its registration as Parcel No. Kathwana/1215 in favour of the 1st respondent while an appeal to the Minister from the Adjudication Officer's 2005 decision was allegedly pending. The appellant alleged violations of Articles 27, 40 and 47 of the Constitution and asked that the registration be cancelled. The appeal raised two issues: whether the matter raised constitutional issues, and whether the High Court judgment's drafting style caused issues to be overlooked. The Court of Appeal, comprising S. ole Kantai, J. Lesiit and Ali-Aroni, JJ.A, held that the dispute concerned land adjudication and consolidation under the Land Consolidation Act, under which the Adjudication Officer's determination is final with no appeal to the Minister. The appellant had already litigated the same subject matter in Chuka CMCC No. 13 of 2014, which was dismissed after a full hearing, and had alternative remedies in judicial review or appeal. Invoking the doctrine of constitutional avoidance, the court agreed with the High Court that no constitutional issue arose and that moving between forums was an abuse of process. On the judgment's style, the court deprecated the copy-and-paste drafting as contrary to Order 21 rule 4 of the Civil Procedure Rules but held it was a procedural lapse occasioning no miscarriage of justice. The appeal was dismissed with costs to the 1st respondent, affirming the decision below.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether the matter before the court raised any constitutional issues
  2. 2.Whether the court overlooked issues raised due to the manner and style adopted by the Judge in crafting the judgment

Key legal issues

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01

Whether the dispute raised any constitutional issues

Holding

No. The matter concerned land adjudication and consolidation, was heard and determined by the Adjudication Officer and then in the Chief Magistrate's Court, and no constitutional rights violation was made out.

Reasoning

The dispute over the suit property had already been litigated in two forums: the objection proceedings before the Adjudication Officer under the Land Consolidation Act, and Chuka CMCC No. 13 of 2014, which was heard fully and dismissed. The appellant did not cite with precision which constitutional provision was infringed. Alternative remedies existed: judicial review against the administrative decision, or an appeal against the magistrate's court judgment. Resort to a constitutional petition after losing amounted to forum shopping and abuse of process.

p. 6
02

Whether the appeal to the Minister barred registration during its pendency

Holding

The Land Consolidation Act makes the Adjudication Officer's decision final; there is no appeal to the Minister, so the appellant's claim of denial of a further hearing does not arise.

Reasoning

The court examined sections 18, 19 and 20 of the Land Consolidation Act and concluded that a confirmation or determination by the Adjudication Officer is final and no appeal to the Minister is envisaged under that Act. Accordingly, the appellant's assertion that registration during a pending ministerial appeal removed the subject matter from the Minister's jurisdiction was misplaced, and the claim of a denied hearing before the Minister had no legal foundation.

p. 5
03

Whether deficiencies in the High Court judgment's style warranted upsetting it

Holding

The judgment's copy-paste style was deprecated but was a procedural lapse not going to substance and no miscarriage of justice was occasioned.

Reasoning

Order 21 rule 4 requires judgments in defended suits to contain a concise statement of the case, points for determination, decision and reasons. The court acknowledged the judge's verbose, copy-and-paste drafting was regrettable and must be frowned upon, but found that in the final paragraphs the judge identified the issues and set out his reasoning. Since the substance was addressed and no miscarriage of justice resulted, the style could not be a basis for allowing the appeal.

p. 6

Legal principles established

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  • Under the Land Consolidation Act the decision of the Adjudication Officer is final and no appeal lies to the Minister; a party aggrieved must pursue judicial review or appeal from the subordinate court, not a constitutional petition
  • Courts apply the doctrine of constitutional avoidance and will entertain a constitutional petition only where no other legal remedy is available; moving between forums on the same issue is an abuse of process
  • A judgment that copies and pastes pleadings and submissions rather than being concise offends Order 21 rule 4, but poor style is a procedural lapse that will not justify upsetting the judgment absent a miscarriage of justice
  • On a first appeal from the High Court the Court of Appeal reconsiders and evaluates the evidence afresh and draws its own conclusions, subject to due allowance for not having seen or heard the witnesses

Court orders

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  1. 1.Appeal dismissed
  2. 2.Costs of the appeal awarded to the 1st respondent

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
On appeal from
High Court of Kenya
Constitutional petition dated 21st May 2019 (Chuka)
Jurisdiction invoked
First appeal to the Court of Appeal from the High Court (constitutional petition), with the court exercising its duty to re-assess the evidence afresh

Relief refused

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Appellant's prayer that the High Court judgment be set aside for failing to raise/determine constitutional violations

The matter did not raise any constitutional issues; the doctrine of constitutional avoidance applied and the appellant had other remedies

p. 6

Setting aside the judgment on account of its poor style and non-compliance with Order 21 rule 4

The drafting style was a procedural lapse not going to substance and occasioned no miscarriage of justice

p. 6

Costs

Appeal dismissed with costs to the 1st respondent

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the end, we dismiss the appeal with costs to the 1st respondent.
p. 6Final orders / disposition
The Judge was right in finding that the matter did not raise any constitutional issue for the court to address.
p. 6Constitutional avoidance and absence of constitutional issues
Courts generally apply the doctrine of "constitutional avoidance" and will allow a constitutional petition only if no other legal remedy is available.
p. 6Constitutional avoidance doctrine
The law stipulates that the decision of the Adjudicating Oficer is final and no appeal is envisaged to the Minister.
p. 5Finality of Adjudication Officer's decision under the Land Consolidation Act
the error in the style adopted in our view is a procedural lapse that did not go to the substance of the judgment and ought not to be a basis for upsetting the judgment
p. 6Effect of defective judgment drafting

Issues in the judgment

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minor

The judgment inconsistently refers to the appellant as both male and female, and gives inconsistent case numbers for the magistrate's suit

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, "Kanampiu v Kanampiu (land adjudication constitutional petition appeal)", Case Analysis (2026). Appeal from a constitutional petition; memorandum of appeal dated 16th July 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1009/eng@2026-05-29

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