Peter Chebere v M’inanga M’akwalu & 3 others; District Land Adjudication & Settlement Officer Tigania East (Interested Party) [2022] KEELC 1424 (KLR)
The bottom line
#Kenya's Environment and Land Court refused to punish a lands official for alleged disobedience because titles had already issued and the orders sought would have been pointless.
What this practically means
#Executive summary
#Key legal issues
#Whether the interested party disobeyed the court's judgment
No disobedience established; the interested party acknowledged the complaint, sought advice and convened the parties for a meeting, showing no intention to disobey
The interested party received the complaint, sought advice from principle litigation counsel, was advised to summon parties for rehearing, and summoned parties on 18.11.2021 for a meeting on 3.12.2021. Compliance was only stalled by respondents' letter questioning jurisdiction. State Counsel stressed there was no intention to disobey the orders.
Whether the court could order implementation of the judgment given titles had issued over the suit land
No; implementation was impracticable as the suit land was no longer governed by Cap 283 and 284 but by the Land Registration Act and the Land Act 2012, and rehearing would be futile
Title deeds had issued in 2018 to the respondents following finality of the objection under Section 27 of the Land Consolidation Act. Following Mutende L.J. in the Levi William Muoso case, the court cannot make an order in vain; mandamus cannot compel a duty overtaken by events.
Whether the orders sought were res judicata and barred by limitation
The order was overtaken by events and based on a decree whose enforcement offends Section 4 of the Limitation of Actions Act; the orders sought were res judicata
The applicant obtained an order in Meru High Court Misc. No. 18 of 2008 on 19.11.2020 but did not extract and serve it, and under Section 4 of the Limitation of Actions Act a decree must be executed within 12 years. The application also sought mandamus and prohibition orders that belonged in judicial review proceedings.
Legal principles established
#- A court cannot issue orders in vain where registration and issuance of title have occurred and the decision has not been quashed
- Mandamus cannot issue to compel performance of a duty overtaken by events
Court orders
#- 1.The application dated 2.11.2021 is dismissed with no orders as to costs
- Jurisdiction invoked
- Not expressly stated; the court exercises supervisory/contempt jurisdiction over its own judgment of 14.4.2021
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Chebere v M’inanga M’akwalu & 3 others; District Land Adjudication & Settlement Officer Tigania East (Interested Party) [2022] KEELC 1424 (KLR)", Case Analysis (2022). Not stated in judgment (application dated 2.11.2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1424/eng@2022-02-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.