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Case Brief · caselaw.co.ke
ELCDismissedEnvironment & Land Petition 27 of 2019· [2022] KEELC 13671 (KLR)

Muntere & 24 others v District Land Adjudication & Settlement Officer, Narok South & 24 others

Environment and Land Court
25 October 2022
4,062 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court dismissed a challenge to Narok land adjudication because the petitioners skipped the dispute steps the Land Adjudication Act requires first.

What this practically means

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Executive summary

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Twenty-five petitioners petitioned the Environment and Land Court at Narok challenging the land adjudication process in Naikarra Adjudication Section, declared an adjudication section on October 14, 2008. They sought declarations that the adjudication process and the work of a private surveyor were unconstitutional and void, a permanent injunction halting the adjudication, an order for a public baraza, disbanding and reconstitution of the adjudication committee, and a fresh adjudication process with public participation. They alleged irregular allocations, discrimination against women and the disabled, impersonation, creation of campsites without consultation, and denial of access to information, invoking articles 10, 19, 21 and 35 of the Constitution. The state respondents raised abuse of process, non-disclosure of a related petition, and failure to exhaust remedies under the Land Adjudication Act; the private respondents (the adjudication committee) similarly argued prematurity and ouster of jurisdiction under sections 29 and 30 of the Act. The court framed two issues: jurisdiction and entitlement to relief. It set out the statutory scheme - establishment of adjudication sections (section 5), objections to the register (section 26), appeal to the Minister (section 29) and the bar on civil proceedings without the adjudication officer's written consent (section 30). Noting that the petitioners' counsel had been refused consent to sue precisely because statutory remedies existed, and that the petitioners had produced no documentary evidence for their allegations, the court applied the Lillian S principle and held it had no jurisdiction at that stage. The petition was dismissed with each party bearing its own costs.

Key legal issues

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01

Jurisdiction of the ELC over a petition challenging an ongoing land adjudication process

Holding

The court has no jurisdiction to entertain the petition at this stage; the Land Adjudication Act provides an exhaustive dispute resolution mechanism (objections under section 26, appeal to the Minister under section 29) and section 30 bars civil proceedings without the adjudication officer's consent.

Reasoning

The court set out sections 5, 26, 29 and 30 of the Land Adjudication Act, noting the elaborate procedure for recording claims, objections and appeals to the Minister. The petitioners' consent to sue was refused on July 19, 2019 precisely because the Act provided remedies. Following the Lillian S principle on jurisdiction, the court held the petitioners ought to have exhausted the statutory avenues before coming to court.

p. 9
02

Whether the petitioners proved their allegations of irregularities in the adjudication process

Holding

The petitioners produced no documentary evidence supporting allegations of lack of transparency, discrimination or irregular allocations; their concerns remained speculative.

Reasoning

The court noted that although the petitioners claimed lack of transparency, denial of access to information and irregular subdivisions, they annexed no lists or documents to substantiate these claims. The 1st respondent had declared the adjudication section in accordance with the law, and the allegations were therefore speculative and unproven.

p. 8

Legal principles established

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  • Where a statute expressly provides a dispute resolution mechanism, an aggrieved party must exhaust those avenues before invoking the court's jurisdiction.
  • No court shall entertain civil proceedings concerning an interest in land in an adjudication section without the adjudication officer's written consent until the register is final.

Court orders

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  1. 1.The petition dated November 11, 2019 is dismissed.
  2. 2.Each party to bear its own costs.
Jurisdiction invoked
Article 165 of the Constitution (invoked by petitioners); court found it lacked jurisdiction under section 30 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, "Muntere & 24 others v District Land Adjudication & Settlement Officer, Narok South & 24 others", Case Analysis (2022). Environment & Land Petition 27 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/13671/eng@2022-10-25

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