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ELCOtherELC Suit (Isiolo) — plaint dated June 7, 2018; application dated October 11, 2022· [2023] KEELC 422 (KLR)

Inhabitants of Turingwi Trust Land v Director of Land Adjudication & Settlement Officer & County Government of Meru (with application to join interested parties)

Environment and Land Court
1 February 2023
2,398 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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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

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Executive summary

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This Environment and Land Court ruling by C.K. Nzili J deals with two interlocutory matters arising in a suit filed on June 7, 2018 by inhabitants of Turingwi trust land relocated to pave the way for Isiolo International Airport expansion. The plaintiffs allege that the 2nd defendant (County Government of Meru) allotted them commercial and residential plots in Turingwi 'B' Township, which they developed and for which they paid rates, but the 1st defendant unlawfully commenced an adjudication process over the township, purporting to convert commercial plots into agricultural land. Two issues arose: an application dated October 11, 2022 by a pastoralist community organization to join Ngaremara/Ngambella land owners as interested parties, and the 1st defendant's objection that the court lacked jurisdiction because the land was under adjudication and no consent to sue under section 30 of the Land Adjudication Act had been obtained, and that the suit offended sections 16(2) and 13A of the Government Proceedings Act. On jurisdiction, the court distinguished Bhaijee vs Nondi, held that the Land Adjudication Act does not oust the court's supervisory role, and found the suit properly before it under section 13 of the Environment and Land Court Act and Article 165(2)(b) of the Constitution, since the statutory internal mechanisms cannot resolve the constitutional and statutory conflict between the two defendants. On joinder, applying the identifiable-stake test from JSC vs Speaker National Assembly and AG vs David Ndii, the court allowed the joinder, the applicants' interest being unrebutted. The application was allowed with no order as to costs, and parties were directed to comply with Order 11 within 30 days. The main suit remains pending.

Key legal issues

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01

Jurisdiction of the ELC over a suit touching on land under adjudication

Holding

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.

Reasoning

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.

p. 5
02

Joinder of interested parties

Holding

The application for joinder is allowed because the applicants demonstrated a stake in the subject land, unchallenged by any rival affidavit.

Reasoning

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.

p. 5

Legal principles established

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  • 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

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  1. 1.The application dated October 11, 2022 for joinder of interested parties is allowed with no order as to costs
  2. 2.Parties to comply with order 11 Civil Procedure Rules within 30 days from the date of the ruling
  3. 3.The objection on jurisdiction is rejected; the suit is held to be properly before the court

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 22, 165(2)(b), 258, 6, 40, 62, 66, 67, 174, 175, 176, 185, 186; Schedule IV sub rule 8
  • Land Adjudication ActCap 284, sections 9, 10, 11(b), 12, 23-30, 29, 30, 13A referenced (defence referenced s.13A of Government Proceedings Act)
  • Civil Procedure RulesOrder 1 rule 10(2); Order 11
  • Government Proceedings ActSections 16(2), 13A
  • Land Consolidation ActSection 26
  • Environment and Land Court ActSection 13
  • Urban Areas and Cities Act
  • Physical Land Use and Planning Act

Cases cited (22)

  • Michael Osundwa Sakwa vs Chief Justice & President of the Supreme Court of Kenya & another
    (2016) eKLR
  • Mining Temoi & another vs Governor of County Government of Bungoma & 17 others
  • Bhaijee & another vs Nondi & another
    (2022) KECA 119 KLR
  • Nicholas Mugambi & others vs Zachary Baariu & others
    Meru ELC No 167 of 2011
  • Stephen Michuki Kiunga vs Nkuni M'Rchiu & 20 others
    Meru ELC Petition 21 of 2012
  • Kanampiu M'Rimberia vs Julius Kathawe & 3 others
    Meru HCC No 6 of 2009
  • Samuel Kamau & another vs KCB Bank & 2 others
  • Speaker of National Assembly vs Karume
    (1992) KLR 425
  • Anne Wamuda & 3 others vs Kenya Railways Corporation & another
    (2015) eKLR
  • David Muliwali Kazungu Yaa vs NLC & 3 others
  • John Masiantet Saeni vs Daniel Aramat Lolungiro & 3 others
    (2017) eKLR
  • Mutanga Tea & Coffee Company Ltd vs Shikara Ltd & another
    (2015) eKLR
  • Marbury vs Madison
    5 US (1 Cranch) 137 (1803)
  • Silverio Akubu & 4 others vs Charles Baariu Salasio & 3 others
    Meru Petition No 29 of 2018
  • Mohamed Ahmed Khalid (Chairman) & 10 others vs Director
    (2013) eKLR
  • Justus Mugaa M'Impwi vs DLASO Tigania East & West & another
    (2018) eKLR
  • Geoffrey Muthinja Kabiru & 2 others vs Samuel Muga Henry & 1756 others
    (2015) eKLR
  • Republic vs DLASO Transmara District ex parte Samson Kiserian Kileria
    (2013) eKLR
  • Tobias Ochola Osindi & 13 others vs Cyprianus Otieno Ogalo & others
    (2013) eKLR
  • Stephen Kirimi M'rinturi vs DLASO Igembe Districts & others; Peter Kumbu Kimunya & others (interested party)
    (2020) eKLR
  • JSC vs Speaker National Assembly
    (2014) eKLR
  • AG vs David Ndii & 73 others
    Petition No 12 (E016 of 2020) (2021) KESC 17 (KLR)
Jurisdiction invoked
Article 165(2)(b) of the Constitution read with section 13 of the Environment and Land Court 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, "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.