Fatuma Adan Dullo & 4 others v Cabinet Secretary Ministry of Lands and Physical Planning & 2 others [2020] KEELC 121 (KLR)
The bottom line
#The Environment and Land Court allowed land adjudication in Isiolo to continue, finding the amended notice lawful and public participation adequate.
What this practically means
#Executive summary
#Key legal issues
#Whether all land in Isiolo County is community land
Not all land in Isiolo County is community land; the term 'all that community land' in the notices must be read within the Land Adjudication Act and Community Land Act, where individual rights as well as rights held in common are recognised
Article 63 sets out six categories of community land, calling for a rigorous classification exercise. Section 5(3) of the Community Land Act shows not all customary land rights are held in common; tenure can be customary, freehold, leasehold or other, and can transition to individual tenure. The Land Adjudication Act deals with ascertainment of rights in communal tenure for transition to individual tenure, and the Community Land Act recognises other written laws.
The legality of Legal Notice No. 150 of 2019 and its amendment, Notice No. 1 of 2020
The initial Notice No. 150 of 2019 was not in tandem with the county's deliberations and did not comply with section 5 of the Land Adjudication Act, but it is of no effect in view of the amendment, which conforms with the statutory requirements and was issued at the request of the County Government
The initial schedule used an imprecise description contrary to section 5 which requires affected areas to be specified. However, the amended notice specified the wards and portions to be adjudicated and was issued under section 3(1) after a request by the County Government, supported by an inventory submitted under Regulation 12(1) of the Community Land Regulations. The court found the minister acted lawfully.
Whether there was public participation
On the face of it there was public participation — 38 public participation exercises were carried out in the ten wards — and the adjudication process itself incorporates a participatory approach at its various stages
The respondents tabled sensitization schedules and a report showing 38 public participation exercises conducted with the National Land Commission. The County Assembly debated and adopted the report. Adjudication committees are appointed from area residents under section 6 of the Land Adjudication Act, ensuring community involvement throughout the process. This evidence can be scrutinised at trial.
Legal principles established
#- Section 5(2)(a) of the Land Adjudication Act is mandatory and requires the land to be adjudicated upon to be clearly defined
- A party seeking a conservatory order need only demonstrate a prima facie case with likelihood of success and real danger of prejudice
- The Community Land Act recognises the application of other written laws, including the Land Adjudication Act, in determination of rights in community land
Court orders
#- 1.The application dated 14/11/2019 is dismissed
- 2.The issue of costs shall abide the outcome of the main suit
- Jurisdiction invoked
- Article 23(3)(b) and (c) of the Constitution and Rules 19 and 23 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms and Enforcement of the Constitution) Practice and Procedure Rules, 2012
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Ntutu v County Council of Narok & 2 others (Environment & Land Case 21 of 2021) [2025] KEELC 1064 (KLR)[2025] KEELC 1064 (KLR)6 Mar 2025
Cite this brief
#Cite this brief
Caselaw, "Fatuma Adan Dullo & 4 others v Cabinet Secretary Ministry of Lands and Physical Planning & 2 others [2020] KEELC 121 (KLR)", Case Analysis (2020). Not stated in the judgment (Notice of Motion dated 14/11/2019 in a petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/121/eng@2020-11-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.