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ELCDismissedJudicial Review Proceedings (Chamber Summons dated 29th July 2019) - Kilgoris ELC· [2021] KEELC 89 (KLR)

Republic v Land Adjudication Officer, Transmara East & 2 others Otuma Ole Saningo & 12 others Ex-Parte; Matampash Ole Saire & another [2021] KEELC 89 (KLR)

Environment and Land Court of Kenya
20 December 2021
1,318 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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The court refused to halt a new land adjudication section because the applicants relied on the wrong gazette notice and lacked evidence their old committee still applied.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Kilgoris (Emmanuel M. Washe, J) determined whether leave previously granted to the Ex-parte Applicants to institute judicial review proceedings should operate as a stay of two administrative decisions: the Gazette Notice LA/TM/9/2/10 dated 6th February 2020 establishing the Kimintet 'E' Adjudication Section in Transmara West Sub-County, and the appointment of the Kimintet 'E' Land Adjudication Committee dated 7th July 2020. The Applicants anchored their challenge on a Gazette Notice of 29th October 1986 under which their deponent, Matampash Ole Saire, was appointed to a Land Adjudication Committee in 1989, contending the new declarations were made without public participation and offended the Fair Administrative Action Act, 2015. The court found that the 1986 gazette notice relied upon had been superseded by two further notices of the same date creating smaller sections (Kimintet 'A' and 'B'), and that the Applicants' own 1989 appointment letter related only to Kimintet 'B' Adjudication Section. The decision to adjudicate the Kimintet area through successive sections dated back to 1986 and had been progressively implemented. Citing R (H) v Ashworth Special Hospital Authority, the court held the Applicants had not demonstrated sufficient cause for a stay and declined to suspend either the gazette notice or the committee's functions, dismissing Prayer No. 9 without adjudicating the merits of the substantive Notice of Motion dated 10th November 2020. No costs order was expressed.

Key legal issues

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01

Whether leave to institute judicial review should operate as a stay of the decision establishing Kimintet 'E' Adjudication Section

Holding

Stay refused - the Applicants relied on the wrong Gazette Notice, as the 1986 decision to adjudicate Kimintet area through successive sections (A to F) has been in place and implemented since 1986

Reasoning

The court found the Applicants' claim that the operative Gazette Notice was LA.9/4/13/139 of 29th October 1986 incorrect; their own annexture showed their committee appointment related to Kimintet 'B' Section. The adjudication decision predates the impugned notice, and without adjudicating the merits, no sufficient cause for a stay was shown.

p. 3
02

Whether the appointment of the Kimintet 'E' Land Adjudication Committee should be stayed

Holding

Stay refused - the Applicants' committee membership was specific to Kimintet 'B' Adjudication Section and no evidence was produced that the same committee served Sections A to D

Reasoning

The court held that the Applicants' authority under the 13th March 1989 letter was specific to one adjudication section and not general for the entire Kimintet Adjudication Area. Absent evidence of continuity of committee roles across sections, there was no reason to suspend the committee appointed on 7th July 2020.

p. 3

Legal principles established

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  • The essence of a stay of proceedings is to suspend them, and its practical effect depends on the context and stage reached in the proceedings
  • A party seeking a stay of an administrative decision must demonstrate sufficient cause and produce evidence linking their mandate to the impugned decision

Court orders

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  1. 1.Declined to issue a stay on the Gazette Notice referenced LA/TM/9/2/10 dated 6th February 2020 establishing Kimintet 'E' Adjudication Section
  2. 2.Declined to suspend the decision and/or functions of the Land Adjudication Committee appointed on 7th July 2020 under letter LA/TM/9/2/12
  3. 3.Dismissed Prayer No. 9 of the Chamber Summons Application dated 29th July 2019

Authorities

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Legislation

  • Fair Administrative Action ActNot specified

Cases cited (1)

  • R (H) v Ashworth Special Hospital Authority
    (2003) 1 WLR 127
Jurisdiction invoked
Judicial review jurisdiction of the Environment and Land Court; leave granted in pending Judicial Review Proceedings with a question whether the leave should operate as a stay

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Land Adjudication Officer, Transmara East & 2 others Otuma Ole Saningo & 12 others Ex-Parte; Matampash Ole Saire & another [2021] KEELC 89 (KLR)", Case Analysis (2021). Judicial Review Proceedings (Chamber Summons dated 29th July 2019) - Kilgoris ELC. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/89/eng@2021-12-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.