Republic v Land Adjudication Officer, Mariani Adjudication Section Exparte Benson Nchunge Kujoga; Desiderio Nkonge Kirigu (Interested Party) [2019] KEELC 1616 (KLR)
The bottom line
#A landowner who simply disagreed with an adjudication officer's decision lost his judicial review bid because he never used the available appeal channels.
What this practically means
#Executive summary
#Key legal issues
#Whether the application disclosed a challenge to the decision-making process rather than the merits
The application was a challenge to the merits of the DLASO's decision and therefore not amenable to judicial review.
The court noted that this was the second judicial review suit between the same litigants over the same subject matter. From the verifying affidavit it was clear the applicant accepted that the parties were heard but simply disagreed with the outcome of the objection. A disagreement with the findings of the Adjudication Officer goes to the merits, which judicial review does not entertain.
Whether the applicant exhausted the available statutory dispute settlement mechanisms
The applicant had not exhausted the available statutory dispute settlement mechanisms, including the Ministerial level of appeal under the land adjudication framework.
The applicant's advocate acknowledged that the parties had gone to various fora up to the level of the District Land Adjudication and Settlement Officer but had not pursued the mechanisms available at the Ministerial level. Failure to exhaust the statutory remedies defeated the application for leave to apply for certiorari.
Legal principles established
#- Judicial review is concerned with the decision-making process and not the merits of the decision; complaints about the correctness of a decision on the evidence fall outside the supervisory jurisdiction.
- An applicant for judicial review must first exhaust available statutory dispute settlement mechanisms.
Court orders
#- 1.This application is hereby dismissed.
- 2.Costs are awarded to the Interested Party.
- Jurisdiction invoked
- Order 53 Rules 1 and 2 of the Civil Procedure Rules (judicial review supervisory jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Land Adjudication Officer, Mariani Adjudication Section Exparte Benson Nchunge Kujoga; Desiderio Nkonge Kirigu (Interested Party) [2019] KEELC 1616 (KLR)", Case Analysis (2019). Judicial Review (Chamber Summons dated 9th August 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1616/eng@2019-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.