Musau Kitone v Patrick Makau Katiku & 5 others [2019] KEELC 1299 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a land suit because the landowner skipped the mandatory appeal to the Minister under the Land Adjudication Act.
What this practically means
#Executive summary
#Key legal issues
#Exhaustion of statutory remedies under the Land Adjudication Act
The Plaintiff was required to appeal to the Minister under Section 29 of the Land Adjudication Act against the determination of the objection proceedings and could not instead institute a suit in court challenging those proceedings
The plaint sought to challenge the objection proceedings filed by the 6th Defendant and the decision of the Land Adjudication Officer. There was no evidence of an appeal to the Minister within sixty days as required by Section 29. The adjudication process determines rights in an adjudication section through the mechanisms in the Act, and those mechanisms had to be exhausted before recourse to the court.
Institution of civil proceedings in an adjudication section without consent
Section 30 of the Land Adjudication Act bars the institution and entertainment of civil proceedings concerning an interest in land in an adjudication section without the written consent of the adjudication officer until the adjudication register becomes final
Counsel for the 2nd and 3rd Defendants relied on Section 30, which forbids instituting or entertaining civil proceedings concerning an interest in land in an adjudication section without the adjudication officer's written consent until the register becomes final. The rationale is that determination of rights in an adjudication area is left to the Act's mechanisms, not the courts. The parcel remained in an adjudication section.
Consequences of striking out the suit on interlocutory orders
With the suit struck out, the pending Notice of Motion and the interim order issued on 29th August 2016 fall away
The court observed that the order dated 29th August 2016 arose from the Notice of Motion dated 08th July 2016. Since the suit itself was being struck out for failure to exhaust statutory remedies, the application and the interim order could not survive independently of the suit.
Legal principles established
#- Where a clear procedure for redress of a grievance is prescribed by the Constitution or an Act of Parliament, that procedure must be strictly followed; courts cannot entertain suits bypassing statutory adjudication mechanisms in land adjudication sections
Court orders
#- 1.The Plaintiff's suit is struck out with costs to the 2nd, 3rd, 4th, 5th and 6th Defendants
- Jurisdiction invoked
- Land Adjudication Act (Cap 284), Sections 26, 29 and 30; Civil Procedure Act (Cap 21)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Musau Kitone v Patrick Makau Katiku & 5 others [2019] KEELC 1299 (KLR)", Case Analysis (2019). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1299/eng@2019-10-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.