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ELCPartially AllowedJudicial Review Motion dated 9.1.2017 (Notice of Motion)· [2018] KEELC 3750 (KLR)
Tom Muringa Tuaruchiu v County Land Adjudcation and Settlement Officer Tigania Sub County & another [2018] KEELC 3750 (KLR)
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·~4 min to read original · ~4 min briefThe bottom line
#A Kenyan court cancelled a land adjudication officer's award because it failed to clearly identify which parcel of land was affected.
What this practically means
#Executive summary
#The ex-parte applicant, registered owner of parcels 2566 and 5098 in Karama Adjudication Section, sought certiorari to quash the decision of the County Land Adjudication and Settlement Officer, Tigania Sub County, in objection case no. 335, and mandamus to compel cancellation of any implementation of that award on parcel 5098. The interested party had filed objection no. 335 in respect of parcel 2566 and was awarded 0.43 acres, which the respondent sought to hive off parcel 5098, a parcel not subject to the objection. The respondent filed no response to the motion despite an undertaking to do so, and the matter was canvassed by written submissions. The court lamented that the record of proceedings availed was illegible, but found the final decision legible: it allowed the objection and directed that 43 points be hived from 'the respondents plot' without specifying which parcel was affected, and the accompanying sketch map was vague and casually drawn. The court concluded that the decision was tainted with material procedural flaws, unreasonable, irrational, disproportional, unfair and in violation of legitimate expectation, agreeing with the applicant that its implementation was a recipe for chaos and anarchy. Certiorari and mandamus issued; the matter was remitted to the respondent to render a decision free of procedural flaws with a clear implementation plan and sketch. Blame was attributed to the respondent, and each party was ordered to bear its own costs.
Key legal issues
#01
Legality of the adjudication officer's award in objection case no. 335
Holding
The decision was quashed because it lacked clarity on which parcels were affected and was procedurally flawed
Reasoning
The court could not discern the full proceedings due to poor photocopying but found the final decision and sketch vague. The decision did not specify whether the 43 points were to be excised from parcel 5098 or 2566, and the sketch was casual and illegible. Implementation of such a decision would engender conflict, amounting to a recipe for chaos and anarchy, justifying certiorari and mandamus.
p. 2
Legal principles established
#- A decision that fails to identify with clarity the parcels of land affected by an excision is unreasonable and procedurally flawed
Court orders
#- 1.An order of CERTIORARI issued to call for and quash the proceedings and award decided on 12/11/2016 by the County Land Adjudication and Settlement Officer Tigania Sub County in objection case no. 335
- 2.An order of MANDAMUS issued ordering and compelling the County Land Adjudication and Settlement Officer Tigania Sub County to cancel any implementation of the award in objection no. 335 on land parcel no. 5098 Karama Adjudication Section
- 3.The case remitted back to the respondent to give a decision that has no material procedural flaws, with a clear implementation plan including the sketch plan
- 4.Each party to bear their own costs of the suit
- Jurisdiction invoked
- Judicial review jurisdiction (orders of certiorari and mandamus) in respect of adjudication proceedings under the Land Consolidation Act (Cap 283)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tom Muringa Tuaruchiu v County Land Adjudcation and Settlement Officer Tigania Sub County & another [2018] KEELC 3750 (KLR)", Case Analysis (2018). Judicial Review Motion dated 9.1.2017 (Notice of Motion). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3750/eng@2018-04-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.