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ELCAllowedJudicial Review Motion dated 27/7/2017 (Chamber Summons dated 6/7/2017)· [2019] KEELC 893 (KLR)
Republic v Land Adjudication Officer Tigania East & another; Geoffrey M’itabari (Interested Party) Ex Parte Applicants M’ithana M’ithai & another [2019] KEELC 893 (KLR)
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·~4 min to read original · ~4 min briefThe bottom line
#A Kenyan court quashed a land adjudication officer's decision because he decided objections alone instead of sitting with the Committee as the law requires.
What this practically means
#Executive summary
#The ex-parte Applicants, registered owners of L.R. Nos. 4642 and 5986 Karama Adjudication Section, sought certiorari to quash the decision of the Land Adjudication and Settlement Officer, Tigania East District, made on 20/4/2017 in Objection Nos. 900 and 1758 concerning parcel No. 8442 Karama Adjudication Section. Leave was granted on 11/7/2017 and the Notice of Motion followed on 27/7/2017. The Applicants contended that the officer heard and determined the objections alone, contrary to Section 26 of the Land Consolidation Act, which requires the Adjudication Officer to consider objections with the Committee, and thereby usurped the Land Adjudication Committee. The 1st Interested Party, the recorded owner of parcel No. 8442, and the 1st Respondent, through Benjo K.D (Sub-County Land Adjudication Officer), maintained that the objection was properly heard by a competent committee and dismissed, and that parcel No. 8442 was validly demarcated. The court framed one issue: whether the 1st Respondent adopted the correct procedure. Perusing the proceedings of 20/4/2017, the court found no indication that any committee member was present or recorded, holding that if a committee sat, its members and their contributions ought to have appeared on the record. The court accepted the Applicants' version and allowed the motion, quashing the proceedings and decision of 20/4/2017, with costs awarded jointly and severally against the 1st Respondent and the Interested Party.
Key legal issues
#01
Whether the Land Adjudication Officer's decision of 20/4/2017 in Objection Nos. 900 and 1758 was made in accordance with the procedure prescribed by Section 26 of the Land Consolidation Act
Holding
The decision was made without the Committee as required by Section 26 and was therefore procedurally flawed and quashed
Reasoning
The court perused the proceedings of 20/4/2017 annexed to the applicants' affidavit. The record did not disclose any person present with the Land Adjudication Officer, and the 'findings' heading showed the adjudication officer acted alone. Despite contrary insistence by the respondents and interested party, no names of committee members were recorded. The court preferred the applicants' version that no committee was involved, rendering the decision liable to certiorari.
p. 2
Legal principles established
#- Under Section 26 of the Land Consolidation Act, an Adjudication Officer must consider an objection with the Committee; a decision made by the Adjudication Officer alone, without the Committee, is procedurally defective and liable to be quashed
- Where a committee is alleged to have participated in objection proceedings, its members and their participation should appear on the record of the proceedings
Court orders
#- 1.The applicants' Notice of Motion dated 27/7/2017 is allowed
- 2.The proceedings and the decisions made by the 1st Respondent on 20/4/2017 in respect of the suit land in Objection No. 900 and 1758 are removed and called into the Court and quashed as prayed
- 3.The 1st Respondent and the interested party to jointly and severally pay the Applicant costs of the application
- Jurisdiction invoked
- Judicial review jurisdiction (order of Certiorari) under leave granted on 11/7/2017; challenged decision under Section 26 of the Land Consolidation Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Land Adjudication Officer Tigania East & another; Geoffrey M’itabari (Interested Party) Ex Parte Applicants M’ithana M’ithai & another [2019] KEELC 893 (KLR)", Case Analysis (2019). Judicial Review Motion dated 27/7/2017 (Chamber Summons dated 6/7/2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/893/eng@2019-10-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.