Inhabitants of Turingwi Trust Land v Director of Land Adjudication & Settlement Officer & County Government of Meru (with application to join interested parties)
The bottom line
#Kenya's Environment and Land Court confirmed it can hear land disputes even during adjudication, and allowed a pastoralist community to join the case.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC over a suit touching on land under adjudication
The suit is properly before the court because the internal dispute mechanisms under the Land Adjudication Act cannot resolve the constitutional and statutory conflict between the defendants regarding adjudication of urban/township land.
The court distinguished Nordin Bhaijee, where the consent to sue had been issued after filing and directed to the wrong court. It noted that the Land Adjudication Act does not completely bar court supervision, and that the adjudication officer and minister lack power to interpret the constitutional and statutory conflict between the 1st and 2nd defendants over adjudication of land in urban areas.
Joinder of interested parties
The application for joinder is allowed because the applicants demonstrated a stake in the subject land, unchallenged by any rival affidavit.
Citing the Mutunga Rules as approved in JSC vs Speaker National Assembly and AG vs David Ndii, the court held an interested party must show an identifiable stake. The affidavit of Justus Mugaa Impwi set out the pastoralist community's interest, which was unrebutted, and the 1st defendant conceded the vital role the interested parties would play.
Legal principles established
#- The Land Adjudication Act does not oust the court's supervisory jurisdiction over the legality of the adjudication process, particularly where a constitutional and statutory conflict between state organs is raised.
- A party seeking to be enjoined as an interested party must demonstrate an identifiable interest or stake in the proceedings.
Court orders
#- 1.The application dated October 11, 2022 for joinder of interested parties is allowed with no order as to costs
- 2.Parties to comply with order 11 Civil Procedure Rules within 30 days from the date of the ruling
- 3.The objection on jurisdiction is rejected; the suit is held to be properly before the court
- Jurisdiction invoked
- Article 165(2)(b) of the Constitution read with section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Inhabitants of Turingwi Trust Land v Director of Land Adjudication & Settlement Officer & County Government of Meru (with application to join interested parties)", Case Analysis (2023). ELC Suit (Isiolo) — plaint dated June 7, 2018; application dated October 11, 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/422/eng@2023-02-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.