Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedPetition filed 6.9.2016 (number not stated in judgment)· [2018] KEELC 3859 (KLR)

Jackson Munjuri Munoru v Jackson Munjuri Munoru & 2 others [2018] KEELC 3859 (KLR)

Environment and Land Court
11 April 2018
716 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

A Meru court dismissed a land owner's constitutional petition because he never cited the constitutional rights violated and skipped the statutory appeal process for land adjudication disputes.

What this practically means

#

Executive summary

#
The petitioner, recorded owner of parcel No. 555 Akirang'ondu 'A' Adjudication Section measuring 0.7 acres, filed a constitutional petition in the Environment and Land Court at Meru on 6 September 2016. He complained that following a sham objection commenced by the 1st respondent in December 2014, he was deprived of 0.30 acres through proceedings before the 2nd respondent. He sought declarations of violation of his fundamental rights and of illegality on the part of the 2nd respondent, a permanent injunction against interference with the land, and an order directing rectification of the adjudication records to revert the 0.30 acres to him. The 1st respondent replied that the objection proceedings were conducted under the relevant statutes, that the decision of 25 February 2015 was never appealed against, and that the petitioner had admitted the existence of those proceedings. The Attorney General filed no response but associated himself with the 1st respondent's submissions. The court, per Lucy N. Mbugua, ELC Judge, applied the Annarita Karimi Njeru standard, holding that the petition failed to identify with precision the constitutional provisions allegedly violated and therefore did not meet the threshold of a constitutional petition. Relying on Kenya Bus Services Ltd v AG and related authorities, the court held that the Land Consolidation Act (Cap 283) provides an elaborate dispute resolution mechanism which the petitioner was bound to follow, and that the court could not sit as an appellate forum over the adjudication decision. The petition was dismissed with costs to the respondents on 11 April 2018.

Key legal issues

#
01

Precision of constitutional petitions

Holding

The petition failed to plead with precision the constitutional provisions violated and did not meet the threshold of a constitutional petition

Reasoning

Applying the Annarita Karimi Njeru standard, the court held that a petitioner must specify the constitutional provisions infringed and the manner and extent of infringement. The present petition made no reference to any specific constitutional provision, rendering it defective and unsustainable even before consideration of the merits.

p. 2
02

Constitutional petitions as substitute for statutory remedies

Holding

Where an elaborate statutory dispute-resolution mechanism exists under the Land Consolidation Act (Cap 283), a party cannot bypass it by way of a constitutional petition

Reasoning

The objection proceedings were conducted under Cap 283, which contains an elaborate dispute resolution mechanism. The court, citing Kenya Bus Services Ltd v AG and Speaker of National Assembly v Njenga Karume, held that the Constitution is not a general substitute for such normal procedures, and the petitioner was bound by that law.

p. 2

Legal principles established

#
  • A petitioner seeking redress under the Constitution must state the claim with precision, citing the specific constitutional provisions violated and the extent of the violation
  • The Constitution is not a general substitute for the normal procedures for invoking judicial control of administrative action; where infringement of rights can found a claim under substantive law, the proper course is to bring the claim under that law

Court orders

#
  1. 1.The petition is dismissed
  2. 2.Costs of the petition awarded to the respondents

Authorities

#

Legislation

  • Constitution of KenyaFundamental rights and freedoms (provisions not specified in the petition)
  • Land Consolidation Act (Cap 283) Laws of KenyaDispute resolution/objection proceedings provisions

Cases cited (5)

  • Annarita Karimi Njeru Versus Attorney General
    (1979) eKLR
  • Bernard Murage versus Fineserve Africa Ltd & 3 others
    (2015) eKLR
  • Speaker of National Assembly Versus Njenga Karume
    (2008) eKLR
  • Kenya Bus services Ltd & 2 others versus AG
    (2005) eKLR
  • Re-application by Bahadir
    (1986) LRL 297
Jurisdiction invoked
Article 22/23 of the Constitution of Kenya, 2010 (constitutional petition seeking redress for violation of fundamental rights and freedoms)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Jackson Munjuri Munoru v Jackson Munjuri Munoru & 2 others [2018] KEELC 3859 (KLR)", Case Analysis (2018). Petition filed 6.9.2016 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3859/eng@2018-04-11

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