Ferankline Muriira M’Nkanata v Adjudication Officer Ruiri/Rwarera Adjudication Section & 2 others; Annah Mwari Mutuma & 3 others (Interested Parties) [2021] KEELC 984 (KLR)
The bottom line
#Kenya's land court refused emergency protection over land still under adjudication, confirming disputes must follow the Land Adjudication Act process before going to court.
What this practically means
#Executive summary
#Key legal issues
#Applicability of Section 68 Land Registration Act remedies to land under adjudication
Section 68 remedies were unavailable because the suit land remains governed by the Land Adjudication Act; the adjudication register had not been declared complete and no title deeds had issued
The court noted the adjudication process had only reached the objection stage by 4.05.2018 and the supporting affidavit did not state whether title deeds had been issued or the register certified complete under Section 26 of the Land Adjudication Act. Orders under the Land Registration Act would therefore be premature.
Exhaustion of internal dispute resolution mechanisms
A constitutional claim does not displace the obligation to pursue objections and appeals under the Land Adjudication Act, including appeal to the Minister under Section 26 and thereafter judicial review in the High Court
The court read the Land Adjudication Act together with the Fair Administrative Action Act 2015 and Article 159(2)(d), holding that internal mechanisms must be invoked before constitutional litigation. The record did not show the petitioner appealed to the Minister after his objections were dismissed.
Injunction against a party with no statutory role over the suit land
Temporary injunction could not issue against the 2nd respondent because the Land Registrar's role under the Land Act and Land Registration Act does not cover land under adjudication
The petition and notice of motion did not state what role the 2nd respondent played regarding the suit land. Issuing injunctions against a party whose statutory jurisdiction does not cover the property would contravene the Constitution. Conservatory orders might have been considered, but that was not what was sought.
Legal principles established
#- A claim of constitutional infringement does not excuse a party from first exhausting the internal dispute resolution mechanisms provided by statute
- The Land Registration Act applies only after the adjudication register has been certified complete and records forwarded to the Chief Land Registrar
Court orders
#- 1.The notice of motion dated 28.10.2020 is dismissed with costs to the respondents and the interested parties
- Jurisdiction invoked
- Constitution of Kenya (Articles 1, 2, 3, 10, 11, 20, 21, 22, 23, 27, 28, 47, 50, 73, 75) and Section 68 of the Land Registration Act; Civil Procedure Act Sections 1A, 1B, 3 & 3A and Order 51 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ferankline Muriira M’Nkanata v Adjudication Officer Ruiri/Rwarera Adjudication Section & 2 others; Annah Mwari Mutuma & 3 others (Interested Parties) [2021] KEELC 984 (KLR)", Case Analysis (2021). Not stated in judgment (notice of motion dated 28.10.2021 within a petition of even date). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/984/eng@2021-11-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.