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ELCDismissedLand Case No. 77 of 2014· [2017] KEELC 3377 (KLR)

Andrew Muneria Munyolmo v Land Adjudication and Settlement Officer & another [2017] KEELC 3377 (KLR)

Environment and Land Court
20 January 2017
EOE. Obaga
1,535 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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If you're allotted land in a Kenyan settlement scheme, pay and accept within the deadline, or the government can reallocate the plot to someone else.

What this practically means

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Executive summary

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The plaintiff sued the Land Adjudication and Settlement Officer and the Attorney General seeking a declaration that he was the bona fide allottee of Agricultural Plot No. 820 Kitalale Settlement Scheme, an order for rectification of the register to cancel the entry of Andrew M. Mutuku and substitute his own name, plus costs. He testified that in 1996 retired President Moi offered him land and that a letter of allotment dated 5/11/1996 allocated him Plot No. 820, which he paid for. The defendants, through County Land Settlement Officer Francis Obiria Oseko, conceded the initial allocation but explained that the Settlement Fund Trustee took over the scheme in 1994, re-planning followed, Plot No. 820 became Plot No. 336, and a Provincial Land Adjudication Officer's letter of October 1998 cancelled all allocations made by the Commissioner of Lands, with fresh offers issuing thereafter. The court found the re-numbering evidence credible and uncontroverted. It held that the plaintiff failed to prove that Mutuku's name appeared in the register, since the records indicated Samson Kisemba Kiboi as the allottee in occupation. Critically, the plaintiff never paid the Kshs.34,850/= required within 30 days of the allotment letter, only paying on 5/6/2012, sixteen years later; the offer had lapsed by effluxion of time, freeing the allocating authority to reallocate. The court found the plaintiff had no proprietary interest in Plot No. 820 and dismissed the suit with costs to the defendants.

Key legal issues

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01

Whether plot numbers changed following takeover of the scheme by the Settlement Fund Trustee

Holding

Yes - Plot No. 820 became Plot No. 336 following cancellation of the Commissioner of Lands' allocations and re-planning

Reasoning

The County Land Settlement Officer testified credibly, and uncontroverted in cross-examination, that after the SFT takeover in 1994 the scheme was re-planned and Plot No. 820 became Plot No. 336. The plaintiff's claim that he was allocated Plot No. 336 in 1994 was contradicted by the record showing allocation on 19/11/2002, after fresh offers issued.

p. 3
02

Whether the plaintiff had proprietary interest in Plot No. 820

Holding

No - he did not comply with the allotment letter conditions within the 30-day period and the offer lapsed

Reasoning

The allotment letter of 5/11/1996 required acceptance and payment of Kshs.34,850/= within 30 days. The plaintiff paid nothing until 5/6/2012, sixteen years later. Once the offer lapsed by effluxion of time, the allocating authority was free to allocate the plot elsewhere and the plaintiff cannot complain of reallocation.

p. 3
03

Who is the beneficial owner of Plot No. 820

Holding

On the evidence of the custodians of the records, Samson Kisemba Kiboi is the beneficial owner; the plaintiff is not

Reasoning

The plaintiff failed to prove that Andrew Mutuku's name appeared in the register. DW1, the County Land Settlement Officer whose office is custodian of the allottee records, testified that Plot No. 820 was allocated to and occupied by Samson Kisemba Kiboi, and the court accepted that evidence.

p. 3

Legal principles established

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  • An allottee who fails to accept an allotment offer and pay within the stipulated period loses any claim to the plot, which the allocating authority is free to reallocate
  • A party alleging a particular entry in a register must prove it; the burden lies on the party alleging

Court orders

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  1. 1.The suit is dismissed with costs to the defendants
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over disputes relating to land allocation in a settlement scheme

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, "Andrew Muneria Munyolmo v Land Adjudication and Settlement Officer & another [2017] KEELC 3377 (KLR)", Case Analysis (2017). Land Case No. 77 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3377/eng@2017-01-20

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