Muntere & 24 others v District Land Adjudication & Settlement Officer, Narok South & 24 others
The bottom line
#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
#Executive summary
#Key legal issues
#Jurisdiction of the ELC over a petition challenging an ongoing land adjudication process
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.
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.
Whether the petitioners proved their allegations of irregularities in the adjudication process
The petitioners produced no documentary evidence supporting allegations of lack of transparency, discrimination or irregular allocations; their concerns remained speculative.
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.
Legal principles established
#- 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
#- 1.The petition dated November 11, 2019 is dismissed.
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.