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ELCStruck OutNot stated in the excerpt (Narok ELC; prior related matter was Narok ELC JR No. 26 of 2018)· [2021] KEELC 2547 (KLR)

Peter Chege Ngonyi v Lasit Ole Teeka & 2 others [2021] KEELC 2547 (KLR)

Environment and Land Court
15 July 2021
MKMohamed N. Kullow
642 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan land petition was struck out because the owner never used the 60-day appeal process under the Land Adjudication Act before going to court.

What this practically means

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Executive summary

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The Environment and Land Court at Narok (Mohamed N. Kullow, J) ruled on a Preliminary Objection raised by the 2nd and 3rd Respondents in a constitutional petition concerning land adjudication. The Respondents argued that the Land Adjudication Act (Cap 284) provides an elaborate dispute resolution procedure which the Petitioners bypassed, contrary to Section 29, and that the petition was res judicata having regard to the determination in Narok ELC JR No. 26 of 2018. The Petitioner responded that he was not a party to the adjudication objection proceedings, learned of them only after the 60-day appeal window under Section 29 had lapsed, and that the judicial review application had been dismissed as statutorily barred; he further contended that his right to a fair hearing was infringed because he was not served with notice of the objection proceedings. The court framed two issues: contravention of Section 29 and res judicata. Holding that it was undisputed the suit arose from an adjudication process, and that the Petitioner conceded no appeal was filed under Section 29, the court applied the doctrine that where a clear statutory procedure exists for redress it must be strictly followed. It found the failure to exhaust the laid-down procedure fatal, upheld the Preliminary Objection, and struck out the petition for lack of jurisdiction. The res judicata ground was not determined. No costs order was recorded. The judgment was delivered virtually at Narok on 15 July 2021.

Key legal issues

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01

Exhaustion of alternative dispute resolution mechanisms under Section 29 of the Land Adjudication Act

Holding

The petition was struck out because the Petitioner did not file an appeal under Section 29 of the Land Adjudication Act; failure to exhaust the statutory procedure was fatal to the petition

Reasoning

The court found it undisputed that the suit relates to an adjudication process. The Petitioner conceded that no appeal was lodged within the 60-day window under Section 29. Relying on the doctrine that special statutory procedures must be strictly adhered to, the court held that bypassing the prescribed mechanism rendered the petition incompetent for want of jurisdiction, and upheld the Preliminary Objection on that ground.

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02

Res judicata vis-à-vis Narok ELC JR No. 26 of 2018

Holding

Raised by the Respondents but not determined; the petition was disposed of on the exhaustion/jurisdiction ground

Reasoning

The Respondents argued that the issues in the petition were the same as those determined in Narok ELC JR No. 26 of 2018, which was dismissed as statutorily barred. The court framed res judicata as an issue for determination but its decision rested solely on the failure to exhaust Section 29 procedures, so no finding on res judicata was recorded in the judgment.

p. 1

Legal principles established

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  • Where a statute prescribes a clear procedure for redress of a grievance, that special procedure must be strictly followed and exhausted before resort to the court

Court orders

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  1. 1.The Preliminary Objection filed by the 2nd and 3rd Respondents is upheld
  2. 2.The petition is struck out for lack of jurisdiction

Authorities

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Legislation

  • Land Adjudication ActSection 29
  • Land Adjudication ActSection 26
  • Constitution of KenyaNot specified (fair hearing rights invoked)
Jurisdiction invoked
Constitutional petition under the Constitution read with the Land Adjudication Act (Cap 284); jurisdiction contested under Section 29 of the Land Adjudication Act

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, "Peter Chege Ngonyi v Lasit Ole Teeka & 2 others [2021] KEELC 2547 (KLR)", Case Analysis (2021). Not stated in the excerpt (Narok ELC; prior related matter was Narok ELC JR No. 26 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2547/eng@2021-07-15

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