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ELCAllowedNot stated in judgment· [2020] KEELC 3607 (KLR)
Republic v Land Adjudication and Settlement Officer, Tigania East; Ibrahim Murungi Lithara (Interested Party) [2020] KEELC 3607 (KLR)
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#What this practically means
#Executive summary
#This was a judicial review application seeking an order of certiorari to quash a decision of the Land Adjudication Officer made on 16th June 2016 in Objection Number 1877 of the Ankamia Adjudication Section, Tigania East, together with an order that leave operate as a stay. Leave was granted on 27th June 2016 and the substantive motion followed on 29th July 2016. The Ex-parte Applicant, registered owner of parcel No. 598 Ankamia Adjudication Section, challenged the objection decision on procedural grounds, contending that the Adjudication officer decided the objection alone without involving the Adjudication Committee and showed bias towards the Interested Party. The Interested Party maintained that the objection was heard by a duly gazetted Adjudication officer with committee members present, including the Applicant's brother, and that the decision was proper and fair. The court framed three issues: whether the decision was made without the Adjudication Committee; if so, whether it was null and void; and costs. Relying on the settled principle that judicial review concerns the decision-making process rather than merits, and interpreting section 26 of the Land Adjudication Act together with section 9(1) of the Land Consolidation Act, the court held that the Adjudication officer was mandatorily required to sit with the committee, that the record showed he sat alone, and that the impugned decision was therefore null and void. Certiorari issued quashing the proceedings and award, the objection was remitted to the Respondent for determination in accordance with the law, and each party was ordered to bear its own costs.
Key legal issues
#01
Whether the objection proceedings were conducted without the Adjudication Committee
Holding
The Adjudication officer sat alone without the Committee
Reasoning
The court examined the Objection Proceedings No. 1877 and the decision dated 16/06/2016 and found no involvement of the Adjudication Committee. Applying sections 26 of the Land Adjudication Act and 9(1) of the Land Consolidation Act, it held the committee's involvement mandatory, making the decision procedurally flawed.
p. 2
02
Whether a decision made without the Committee is null and void
Holding
Yes, the decision is null and void
Reasoning
Because the statutory scheme requires the Adjudication officer to sit with the committee at all times, a decision made by the officer alone was made in breach of the mandatory procedure and is liable to be quashed by certiorari.
p. 2
Legal principles established
#- Judicial review challenges the decision-making process, not the merits of the decision
- It is mandatory for the Land Adjudication officer to sit with the committee when determining objections
Court orders
#- 1.An order of certiorari be and is hereby issued quashing the proceedings and award of the Respondent made on 16th June 2016 in Objection Number 1877 ANKAMIA ADJUDICATION SECTION – TIGANIA EAST
- 2.The said objection is hereby remitted back to the Respondent to be determined in accordance with the law
- 3.Each party to bear her own cost of this case
- Jurisdiction invoked
- Judicial review jurisdiction of the High Court/ELC under the Land Adjudication Act (Cap. 284) and Land Consolidation Act (Cap. 283); leave granted by duty Judge on 27th June 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Land Adjudication and Settlement Officer, Tigania East; Ibrahim Murungi Lithara (Interested Party) [2020] KEELC 3607 (KLR)", Case Analysis (2020). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3607/eng@2020-02-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.