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ELCDismissedPetition No E001 of 2020· [2021] KEELC 3743 (KLR)

Simon Murungi & 15 others v Land Adjudication Officer Ruiri/Rwarera & 2 others; Japhet Kaii (Interested Party) [2021] KEELC 3743 (KLR)

Environment and Land Court
14 April 2021
LMLucy N. Mbugua
1,612 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Meru Environment and Land Court refused to block land adjudication in Ruiri/Rwarera, holding that claimants must first use statutory dispute-resolution processes and produce real proof of ownership.

What this practically means

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Executive summary

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This is a ruling by the Environment and Land Court at Meru (Lucy N. Mbugua, ELC Judge) on a notice of motion dated 20/08/2020 filed by the petitioners under rules 20, 21, 32 and 64 of the Constitution of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms) Practice and Procedure Rules 2010. The applicants sought orders of inhibition over land parcels 5254 and 5015/Ruiri/Rwarera/Adjudication, emanating from the 1st petitioner's original parcel 816/Ruiri/Rwarera, and a temporary injunction restraining the interested party from interfering with their occupation and use of the land. The 1st petitioner alleged that in 1978 he gathered and demarcated the land, was registered as owner of parcel 816 measuring approximately 100 acres, and that the area chief colluded with the land adjudication officer to subdivide and fraudulently allocate his land. The 1st and 3rd respondents opposed through grounds of opposition, arguing the application was speculative, that the petitioners had not exhausted statutory dispute resolution mechanisms under the Land Consolidation Act and Land Adjudication Act, and that adjudication is transitory. The court framed three issues: the injunction threshold, whether to issue inhibition, and costs. Applying Giella v Cassman Brown and Jan Bolden Nielsen, the court found no documentary evidence of registration, and the 24 photographs (SM1) showed no house. Noting the land was within an ongoing adjudication process of which the applicants gave no status, and referencing related Ruiri Rwarera disputes, the court declined all orders sought, directing instead that the matter be mentioned alongside other Ruiri Rwarera matters including Meru Petitions 35 and 16 of 2016 on 12.5.2021. No express costs order was made.

Key legal issues

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01

Threshold for temporary injunction

Holding

Petitioners failed to establish a prima facie case; their documentary evidence did not support registration or construction of a house

Reasoning

Applying Giella v Cassman Brown and Jan Bolden Nielsen, the court examined the applicants' documents. No extract of registration records or booklet supported the claim of registration of parcel 816, and the 24 photographs at annexure SM1 showed no house, permanent or otherwise.

p. 3
02

Whether to grant inhibition where land is under adjudication

Holding

Refused; the land is subject to a statutory adjudication process with elaborate dispute resolution mechanisms that the applicants had not exhausted

Reasoning

The court noted the Land Consolidation Act and Land Adjudication Act provide elaborate dispute resolution mechanisms, that adjudication is transitory, and that applicants did not indicate the status of the adjudication section. Granting orders would shackle statutory adjudication bodies.

Legal principles established

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  • Adjudication is transitory in nature and does not confer absolute rights of proprietorship
  • Courts should be reluctant to grant orders that impede statutory adjudication bodies

Court orders

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  1. 1.Declined to grant the orders sought in the application dated 20.8.2020
  2. 2.Directed that the matter be mentioned alongside other Ruiri Rwarera matters including Meru Petition 35 of 2016 and Meru Petition 16 of 2016 on 12.5.2021

Authorities

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Legislation

  • Constitution of Kenya (Supervisory jurisdiction and protection of fundamental rights and Freedoms of the individual) High Court Practice and Procedure Rules 2010rules 20, 21, 32, 64
  • Civil Procedure Rules 2010Order 40(1)(a) and (b); Order 21 rule 1
  • Land Consolidation ActNot specified
  • Land Adjudication ActNot specified

Cases cited (5)

  • Giella vs Cassman Brown & Company Limited
    (1973) EA 358
  • Jan Bolden Nielsen vs Herman Phillipus Steya Also Known as Hermannus Phillipus Steyn & 2 Others
    (2012) eKLR
  • Johnson Mbaabu Mburugu & Another vs Mathiu Nabea & 9 others
    (2020) eKLR
  • Tobias Achola Osindi & 13 others vs Cyprianus Otieno Ogola & 6 others
    (2016) eKLR
  • Jacob Makunyu & 122 others vs District Land Adjudication and Settlement Officer, Imenti Central District & another, Gideon Muchui Arithi & 1836 others
    (2021) eKLR
Jurisdiction invoked
Rules 20, 21, 32 and 64 of the Constitution of Kenya (Supervisory jurisdiction and protection of fundamental rights and Freedoms of the individual) High Court Practice and Procedure Rules 2010

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 3743 (KLR)", Case Analysis (2021). Petition No E001 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3743/eng@2021-04-14

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