Republic v Land Adjudication & Settlement Officer Tigania East; Kathio M’ Igweta (Interested Party) [2018] KEELC 213 (KLR)
The bottom line
#Kenya's Environment and Land Court quashed a land objection decision because the adjudication officer ruled without the legally required committee present.
What this practically means
#Executive summary
#Key legal issues
#Whether the objection proceedings were properly constituted under section 26 of the Land Consolidation Act
They were not; the officer sat alone without the committee, rendering the proceedings and decision ultra vires and null and void ab initio.
The coram of the objection proceedings of 16th November 2016 showed only the parties, their representatives and witnesses, with no committee member present. Section 26 requires the adjudication officer to consider the matter with the committee. Determining the objection without the committee exceeded the officer's powers and vitiated the decision from inception.
Scope of judicial review
Judicial review examines the decision-making process rather than the merits; the procedural defect disclosed on the face of the proceedings justified certiorari.
The court relied on the trite principle that review courts do not re-hear the merits. The objection proceedings, exhibited with the verifying affidavit, disclosed on their coram that no committee member attended, so the process itself was flawed. Merits of the land allocation were not re-opened; only the unlawful process was quashed and the objection remitted for lawful determination.
Legal principles established
#- An adjudication and settlement officer must sit with the committee when determining an objection under section 26 of the Land Consolidation Act; a determination made alone is ultra vires and void ab initio.
- Judicial review is concerned with the decision-making process, not the merits of the decision.
Court orders
#- 1.An order of certiorari issued to remove and quash the decision of the Land Adjudication and Settlement Officer Tigania East District made on 22nd November 2016 in objection no. 19 involving land registration no. 7484 Karama Adjudication Section
- 2.The said objection remitted back to the land adjudication and settlement office to be determined in accordance with the law
- 3.Each party to bear his own costs of the application
- Jurisdiction invoked
- Judicial review jurisdiction over the decision of the land adjudication and settlement officer (leave granted for certiorari; Land Consolidation Act Cap 283, section 26)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Land Adjudication & Settlement Officer Tigania East; Kathio M’ Igweta (Interested Party) [2018] KEELC 213 (KLR)", Case Analysis (2018). Misc. Application (Judicial Review) — Notice of Motion dated 7th February 2017 (Chamber Summons dated 12th January 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/213/eng@2018-12-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.