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ELCOtherNot stated in the extract· [2021] KEELC 1180 (KLR)

Simon Murungi & 15 others v Land Adjudication Officer Ruiri/Rwarera & 2 others; Japhet Kaii (Interested Party) [2021] KEELC 1180 (KLR)

Environment and Land Court
27 October 2021
486 words in judgment
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The bottom line

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Kenya's Environment and Land Court struck a County Government out of a land rights petition because it was wrongly joined and no specific constitutional complaint was pleaded against it.

What this practically means

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Executive summary

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By a notice of preliminary objection dated 12.10.2020, the 2nd respondent (a County Government) sought the striking out of the petitioners' constitutional petition dated 30.8.2020 on three grounds: misjoinder, abuse of the court process, and failure to disclose a reasonable cause of action against it. The petition concerned land parcel Ruiri/Rwarera/816, which the petitioners alleged the respondents and an interested party colluded to subdivide into Parcels No. 5254 and 5015, infringing the petitioners' constitutional rights to protection of private property and fair administrative action. The court found that the power to adjudicate land is vested in the 1st respondent under the Land Adjudication Act (Cap 284) and the Land Consolidation Act (Cap 283), and that the 1st respondent was neither an employee nor agent of the 2nd respondent. The petition's only plea against the 2nd respondent, in paragraph 35, was found too vague. Applying Rule 5 of the Practice and Protection Rules 2013 and the precision standard in Anarita Karimi Njeru and Mumo Matemu, the court found the preliminary objection merited and struck out the 2nd respondent from the proceedings. No order as to costs was made. The remainder of the petition proceeds against the remaining respondents.

Key legal issues

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01

Misjoinder of the 2nd respondent

Holding

The preliminary objection was merited and the 2nd respondent was struck out

Reasoning

The court found the powers of land adjudication vested in the 1st respondent under the Land Adjudication Act and Land Consolidation Act, and the 1st respondent was not an employee or agent of the 2nd respondent. The 2nd respondent therefore could not be held liable for the alleged infringements by other parties, and the petitioners had not particularized their complaint against it with reasonable precision.

p. 2
02

Precision in pleading constitutional petitions

Holding

The petition failed to particularize the constitutional complaint against the 2nd respondent with reasonable precision

Reasoning

Following Anarita Karimi Njeru and Mumo Matemu, the court held that constitutional allegations must be pleaded with precision. The nearest plea against the 2nd respondent was in paragraph 35 of the petition, alleging compromise of rights to protection of private property and fair administration, which was insufficient.

p. 2

Legal principles established

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  • Rule 5 of the Practice and Procedure Rules 2013 empowers the court to strike out parties wrongly joined to a petition
  • A party against whom no precise constitutional complaint is particularized may be struck out, per the Anarita Karimi Njeru standard

Court orders

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  1. 1.The 2nd respondent is struck out of the proceedings
  2. 2.No order as to costs

Authorities

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Legislation

  • Constitution of KenyaArticles 6, 186, 187, 188; Schedule I(1); Schedule 4
  • Land Adjudication ActCap 284
  • Land Consolidation ActCap 283
  • Constitution of Kenya (Protection of Rights and Freedoms) Practice and Protection Rules 2013Rule 5

Cases cited (2)

  • Anarita Karimi Njeru –vs- Republic No. (1)
    (1979) KLR 154
  • Mumo Matemu –vs- Trusted Society of Human Rights Alliance
    (2014) eKLR
Jurisdiction invoked
Article 6, 186, 187, 188 and Schedule I(1) of the Constitution; Rule 5 of the Constitution of Kenya (Protection of Rights and Freedoms) Practice and Protection Rules 2013

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, "Simon Murungi & 15 others v Land Adjudication Officer Ruiri/Rwarera & 2 others; Japhet Kaii (Interested Party) [2021] KEELC 1180 (KLR)", Case Analysis (2021). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1180/eng@2021-10-27

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