Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedJudicial Review Motion dated 18.8.2015 (Meru ELC)· [2018] KEELC 2054 (KLR)

John Kiunjuri M’mwitha & 2 others v Land Adjudication Officer Antuamburi Adjudication Section & another [2018] KEELC 2054 (KLR)

Environment and Land Court
26 July 2018
2,173 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

#

What this practically means

#

Executive summary

#
The exparte applicants sought an order of certiorari to quash the proceedings, findings and decision of the Land Adjudication and Settlement Officer in objection case nos. 688, 689 and 690 concerning land parcels nos. 608, 1252 and 6038 in Antuamburi Adjudication Section. They claimed ancestral ownership, development on the land, and breaches of natural justice, alleging they were condemned unheard, that the decision was undated and unsigned by its maker, that the proceedings wrongly referred to Ankamia Adjudication Section, and that the objections were not heard with the aid of a committee as required by the Land Consolidation Act (Cap 283). The interested party opposed, arguing the proceedings were properly conducted, the Ankamia reference was typographical, and the judicial review motion was time barred under section 9(3) of the Law Reform Act and Order 53 rule 2 of the Civil Procedure Rules. The respondent, through the Attorney General, conceded to the application. The court held the motion was not time barred because the decision was undated, making the six-month limitation period impossible to compute. It found that Cap 283 was the applicable law, that compliance was not demonstrated, that no committee member signed the decision, and that the burden of proving compliance lay on the respondent. Natural justice was breached insofar as the decision was delivered without indicating the applicants' presence. The court issued certiorari quashing the impugned proceedings, findings and decision, remitted the matter to the respondent for rehearing in accordance with the applicable law and the rules of natural justice, and ordered each party to bear their own costs.

Key legal issues

#
01

Limitation under section 9(3) of the Law Reform Act and Order 53 rule 2 of the Civil Procedure Rules

Holding

The motion was not time barred because the impugned decision was undated, making it impossible to fix the start of the six-month period.

Reasoning

The objection record shows the case was heard on 12.7.2012 and adjourned for judgment on 18.7.2012, but the decision itself bears no date of delivery. The court held that when the decision was delivered is speculation, so the applicants' compliance period could not be stated with certainty and the six-month limitation could not be applied against them.

p. 3
02

Applicable statute and committee requirement

Holding

The applicable law was the Land Consolidation Act (Cap 283); the DLASO failed to show compliance, as no committee member signed the decision.

Reasoning

Although the proceedings did not state the applicable law, a record of five committees suggested an attempt to comply, and a DLASO letter confirmed Cap 283 applied. Section 26 requires objection hearings with the aid of a committee. The proceedings did not show compliance and no committee member signed the decision; the burden of proving compliance lay on the respondent, who conceded.

p. 3
03

Reference to the wrong adjudication section

Holding

The record referring to Ankamia Adjudication Section instead of Antuamburi required correction through remittance.

Reasoning

The interested party argued the reference was a typographical oversight, but the court held that objection proceedings form an important part of dispute resolution and the point of reference in ascertainment of land rights, so the record must be corrected to reflect the proper adjudication section. The respondent was mute on the issue.

p. 3
04

Breach of rules of natural justice

Holding

Natural justice was breached insofar as the decision was delivered without indicating the applicants' presence at delivery.

Reasoning

The applicants were present at trial, gave evidence and cross-examined, so they were not condemned unheard at the hearing. However, there was no certainty when the decision was given and no indication they were present at delivery, which breached the rules of natural justice.

p. 3

Legal principles established

#
  • The burden of proving which law was applicable in adjudication objection proceedings falls squarely on the adjudication officer, not the applicants
  • Where the impugned decision bears no date, the six-month limit for seeking certiorari cannot be enforced with certainty
  • Objection proceedings remain the point of reference at the final stage of ascertainment of rights and interests in land, so errors as to the adjudication section must be corrected

Court orders

#
  1. 1.An order of certiorari issued bringing into the court and quashing the proceedings, findings and decision of the 1st respondent in objection case nos. 688, 689 and 690 in respect of land parcels nos. 608, 1252 and 6038 in Antuamburi adjudication section
  2. 2.The matter remitted back to the respondent for hearing and determination in accordance with the applicable law and the rules of natural justice
  3. 3.Each party to bear their own costs of the suit

Authorities

#

Legislation

  • Land Consolidation Actsections 9, 11, 14 and 26
  • Law Reform Actsection 9(3)
  • Civil Procedure RulesOrder 53 rule 2
  • Land Adjudication ActCap 284 (referred to generally)

Cases cited (2)

  • Catherine Muthoni Kirungi & another v Chairman Land Adjudication and Settlement Officer & 3 others
    Nyeri Court of Appeal Civil Appeal No. 21 of 2016
  • Peter Kimandiu v Land Adjudication Officer Tigania East District & 4 others
    Nyeri Court of Appeal Civil Appeal No. 28 of 2015
Jurisdiction invoked
Judicial review jurisdiction over land adjudication/consolidation decisions under the Law Reform Act (Cap 26) and Order 53 of the Civil Procedure Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "John Kiunjuri M’mwitha & 2 others v Land Adjudication Officer Antuamburi Adjudication Section & another [2018] KEELC 2054 (KLR)", Case Analysis (2018). Judicial Review Motion dated 18.8.2015 (Meru ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2054/eng@2018-07-26

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