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ELCDismissedELC Pet No. E001 of 2021· [2021] KEELC 637 (KLR)

Jimmy Parnyumbe Luka & 3 others v Chairman Land Adjudication Committee Leshuta Land Adjudication Section & 6 others [2021] KEELC 637 (KLR)

Environment and Land Court
30 November 2021
CMC.G Mbogo
4,741 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court dismissed a land petition because the petitioners skipped the required statutory process under the Land Adjudication Act and failed to prove their rights were violated.

What this practically means

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Executive summary

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Four petitioners, members of the Leshuta Adjudication Section in Narok West who claimed they and other members were omitted from land allocation, petitioned the Environment and Land Court at Narok alleging contravention of Articles 21, 22, 23, 27(1), 28, 35, 40, 47, 48 and 54 of the Constitution. They sought declarations, certiorari to quash Minister Appeal Case No. 578 of 2020, mandamus to reopen the adjudication register, cancellation of the title issued to Maasai Mara University over 210 acres in Plot No. 2585, and general damages. The state respondents and the University opposed, contending the allocation was made lawfully following a committee resolution, that the petitioners bypassed the dispute mechanisms under the Land Adjudication Act, and that the petition was speculative and an abuse of process. The court framed the sole issue as whether the petitioners demonstrated violations of their right to property. It found the objection proceedings were filed and determined by another party, the petitioners only entering the process by a Minister's appeal despite not being parties, and that they ignored the statutory procedure. The petitioners also failed to prove displacement or that the allocation was not for public good, and disclosed no particulars of the alleged contraventions nor the fate of related suits. Relying on the principle that suitable statutory forums should be the first port of call, the court dismissed the petition with costs to the 2nd to 7th respondents on 30th November 2021.

Key legal issues

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01

Whether the petitioners exhausted the dispute resolution mechanisms under the Land Adjudication Act

Holding

They did not; the court's jurisdiction was prematurely and improperly invoked

Reasoning

An objection was filed by David Kijuku Kedienye and dismissed; the 1st petitioner, who was not a party to the objection proceedings, appealed to the Minister. The court found that the petitioners bypassed the elaborate statutory procedure under the Land Adjudication Act, Cap 284, and that invoking constitutional jurisdiction to question the adjudication process while ignoring the statutory procedure was improper.

p. 6
02

Whether the petitioners proved violation of their constitutional rights

Holding

No; the petition was based on allegations and speculation

Reasoning

The petitioners did not demonstrate that the allocation of 210 acres to Maasai Mara University displaced anyone or rendered them landless. Although Articles 21, 22, 23, 27(1), 28, 35, 40, 47, 48 and 54 were cited, no direct particulars of the alleged contraventions were disclosed, and the evidential burden of proving the violations was not discharged.

p. 5
03

Whether the allocation of land to Maasai Mara University was procedural

Holding

The court found nothing to show the allocation was not for public good

Reasoning

It was common ground that the 7th respondent was allocated 210 acres by the Adjudication Committee and the decision was communicated through the District Land Adjudication and Settlement Officer. The petitioners did not oppose the allocation at the time, were not parties to the objection proceedings, and adduced no evidence that the allocation was not for public good.

p. 6

Legal principles established

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  • Where a statute prescribes a procedure for redress of grievances, that procedure must be followed before invoking the court's constitutional jurisdiction
  • A party alleging violation of constitutional rights bears the evidential burden of proving that right and its violation

Court orders

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  1. 1.The petition is dismissed with costs to the 2nd to 7th respondents

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 21, 22, 23, 27(1), 28, 35, 40, 47, 48, 54, 165(3)(b)(d), 165(6)
  • Land Adjudication ActCap 284

Cases cited (11)

  • Gitson Energy Ltd -vs- Hon. Francis Chachu Ganya & 6 others
    (2017)eKLR
  • PZ Cussons East Africa Ltd -vs- Kenya Revenue Authority
    (2013)eKLR
  • Barua Gituma & 6 others -Vs- National Land Commission & 3 others
    (2019)eKLR
  • Mohamed Ahamed Khalid (Chairman) and 10 others –versus- Director of Land Adjudication & 2 others
    (2013)eKLR
  • Speaker of National Assembly -Versus- Karume
    (1992)KLR 21
  • Titus Barasa Makhanu -vs- Police Constable Simon Kinuthia Gitau & 3 others
    (2016)eKLR
  • Barsogat Investment Ltd -vs- County Government of Vihiga
    (2021)eKLR
  • Republic –Vs- Independent and Boundaries Commission and anor Ex Parte Coalition for Reform and Democracy & 2 others
    (2017)eKLR
  • Kenya Revenue Authority & 2 others -Vs- Darasa Investments Ltd
    (2018)eKLR
  • Gabriel Mutava & 2 others -vs- Managing Director Kenya Ports Authority & Anor
    (2016)eKLR
  • John Harun Mwau & 3 others -vs- Attorney General & 2 Others
    (20212)eKLR
Jurisdiction invoked
Articles 21, 22, 23, 27(1), 28, 35, 40, 47, 48 and 54 of the Constitution of Kenya, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (6)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Jimmy Parnyumbe Luka & 3 others v Chairman Land Adjudication Committee Leshuta Land Adjudication Section & 6 others [2021] KEELC 637 (KLR)", Case Analysis (2021). ELC Pet No. E001 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/637/eng@2021-11-30

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