Rono v Deputy County Commissioner, Keiyo North & 6 others; Kwambai (Interested Party)
The bottom line
#A Kenyan court cancelled a land appeal decision because the Deputy County Commissioner who made it had no authority over land outside his own sub-county.
What this practically means
#Executive summary
#Key legal issues
#Whether the Deputy County Commissioner, Keiyo North had jurisdiction to hear an appeal over land situated in Keiyo South Sub County
He had no jurisdiction; DCCs are appointed for specific sub-counties and cannot exercise jurisdiction in another DCC's area.
The gazette notice under section 29(4) of the Land Adjudication Act delegates ministerial appeal powers to DCCs of all sub-counties. Section 15 of the National Government Coordination Act appoints a DCC in respect of every sub-county, so jurisdiction is tied to the officer's sub-county. The 1st respondent did not deny that the land is in Keiyo South nor explain why he heard the appeal. Hearing it outside his area was without jurisdiction and a nullity ab initio.
Whether the ex parte applicant was denied a fair hearing and the 1st respondent was biased
Not determined; the claim succeeded on jurisdiction alone.
The applicant alleged bias, denial of opportunity to complete his evidence, and that the appeal was heard while the interested party sat on the land demarcation board. The 1st respondent and interested party denied these allegations, asserting both parties were heard and cross-examined witnesses. The court did not make findings on these grounds since the jurisdictional defect sufficed to grant the orders.
Legal principles established
#- An applicant for judicial review must show the impugned decision is tainted with illegality, irrationality or procedural impropriety.
- A decision made without or in excess of jurisdiction is a nullity ab initio.
- A Deputy County Commissioner has jurisdiction only within the sub-county for which he is appointed.
Court orders
#- 1.Certiorari to quash the decision of the 1st respondent in Elgeyo Marakwet Lower Cheptebo Appeal to the Minister Case No 82 of 2018 dated September 22, 2021
- 2.Prohibition prohibiting the 3rd to 6th respondents and the interested party from implementing the impugned decision
- 3.The appeal to the minister resubmitted for hearing by the DCC Keiyo South Sub County
- Jurisdiction invoked
- Judicial review jurisdiction under Order 53 of the Civil Procedure Rules over the Land Adjudication Act (Cap 284)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rono v Deputy County Commissioner, Keiyo North & 6 others; Kwambai (Interested Party)", Case Analysis (2022). Judicial Review E003 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/12688/eng@2022-09-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.