Manka Salim Yusuf v Demarcation Officer Ndara “A” Adjudication Section Voi Sub-County & 2 others [2018] KEELC 2622 (KLR)
The bottom line
#A Kenyan court quashed a land adjudication decision made without hearing the affected owner, confirming that even government land officials must follow fair-hearing rules.
What this practically means
#Executive summary
#Key legal issues
#Whether the judicial review application was filed within the six-month limitation period under Section 9(3) of the Law Reform Act
The application was brought within the stipulated period and was therefore properly before the court
The impugned decision was made on 22nd December 2016 and the motion was dated 19th April 2017, within six months. The court held that Section 9(3) of the Law Reform Act bars leave for certiorari if not made within six months of the decision, and found the present application compliant.
Whether the late arbitration of 22nd December 2016 offended the rules of natural justice
Yes - the Exparte Applicant was not given an opportunity to be heard before the decision of 22nd December 2016 was reached, contrary to the rules of natural justice, warranting certiorari
The interested party's own replying affidavit showed that the appeal against the 2007 arbitration decision was not heard, and that a late arbitration was allowed by letter of 30th November 2016, nine years after the original decision. The person said to have represented the applicant, Juma Fundi Mohammed, was unknown to her and not a family member. The court found the applicant was not heard, breaching natural justice, and that the late arbitration was unlawful since the time for appeal had lapsed.
Legal principles established
#- An order of certiorari will lie to quash a decision of a tribunal where the decision-making body acts in excess or without jurisdiction or in breach of the rules of natural justice
- Judicial review is concerned with the decision-making process, not the merits of the decision; a party affected by a decision must be heard before it is made
Court orders
#- 1.An order of Certiorari issued to remove into the Environment and Land Court and quash the decision of the Demarcation Officer Ndara 'A' Adjudication Officer Voi Sub-county dated 22nd December 2016 granting ownership of parcel No. 1137 Ndara 'A' Adjudication Section Voi to Kalela Primary School
- 2.Each party to bear her/its own costs
- Jurisdiction invoked
- Section 8 & 9 of the Law Reform Act (Cap 26); Sections 8, 9, 10, 11, 12 & 21 of the Land Adjudication Act; Order 53 Rules 1, 2, 3 & 4 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Manka Salim Yusuf v Demarcation Officer Ndara “A” Adjudication Section Voi Sub-County & 2 others [2018] KEELC 2622 (KLR)", Case Analysis (2018). Judicial Review Application (Notice of Motion dated 19th April 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2622/eng@2018-03-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.