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ELCAllowedJudicial Review Application (Notice of Motion dated 27th August, 2012), arising from chamber summons dated 30th July, 2012· [2018] KEELC 1868 (KLR)
Republic of Kenya v Igembe North District Land Adjudication & Settlement Officer & 2 others Ex Parte Ezekiel M'itha [2018] KEELC 1868 (KLR)
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·~6 min to read original · ~4 min briefThe bottom line
#A Kenyan court quashed a land adjudication decision because the Adjudication Officer decided an objection alone, without the required committee, making it void.
What this practically means
#Executive summary
#Ezekiel M'Itha, the Exparte applicant, sought judicial review orders of certiorari and prohibition against a decision of the Igembe North District Land and Settlement Adjudication Officer in LDT No. 2285/2010, said to have been delivered on 18th May, 2012, awarding the disputed land parcel (No. 325 Antu Betwe Kiongo Adjudication Section) to the interested party, the applicant's uncle. The applicant claimed he was the rightful owner, having been given the land by his grandfather, that a ruling had been delivered on 23rd February, 2012 in his favour, and that the impugned ruling of 18th May, 2012 was made without his participation and without involvement of the Land Adjudication Committee. He obtained leave on 8th July, 2012 and filed the substantive motion on 28th August, 2012. The interested party opposed, asserting family ownership arrangements and maintaining that no ruling was delivered on 18/5/2012. The respondents filed no response and neither the respondents nor the interested party filed submissions. The court identified two principal issues: the validity of the purported 18/5/2012 ruling and whether the Adjudication Officer acted ultra vires by failing to involve committee members. Relying on Section 26(1) of the Land Consolidation Act, Cap. 283, which requires the Adjudication Officer to consider objections with the committee, the court found no committee involvement and held the provision mandatory. The decision of 18/5/2012 was declared null and void for being ultra vires, and the judicial review application was allowed in terms of the prayers sought in the notice of motion dated 27th August, 2012.
Key legal issues
#01
Whether the Land Adjudication Officer's decision of 18/5/2012 was made in breach of Section 26(1) of the Land Consolidation Act
Holding
The decision was null and void for being ultra vires because the Adjudication Officer failed to consider the objection with the committee as mandatorily required.
Reasoning
Section 26(1) requires that a person aggrieved by the Adjudication Register inform the Adjudication Officer, who 'shall consider the matter with the committee'. The court examined the proceedings attached to the verifying affidavit and found no involvement of the committee. Compliance being mandatory, the decision delivered on 18/5/2012 was ultra vires and void.
p. 3
Legal principles established
#- It is mandatory for the Land Adjudication Officer to sit with the committee when considering objections; failure to do so renders the decision null and void for being ultra vires.
Court orders
#- 1.Judicial review granted in terms of the prayers sought in the notice of motion dated 27th August, 2012 (certiorari to quash and prohibition of implementation of the decision/award in LDT No. 2285/2010 delivered 18th May, 2012)
- Jurisdiction invoked
- Order 53 Rule 1 CPR and Sections 8 & 9 of the Law Reform Act, Chapter 26 Laws of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic of Kenya v Igembe North District Land Adjudication & Settlement Officer & 2 others Ex Parte Ezekiel M'itha [2018] KEELC 1868 (KLR)", Case Analysis (2018). Judicial Review Application (Notice of Motion dated 27th August, 2012), arising from chamber summons dated 30th July, 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1868/eng@2018-06-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.