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ELCDismissedPetition dated 02.12.2022· [2024] KEELC 4898 (KLR)

Ntujusoi v Cabinet Secretary for Ministry of Lands, Public Works, Housing & Urban Development & 5 others; Nkendienye & 3 others (Interested Parties) (Environment & Land Petition E004 of 2022) [2024] KEELC 4898 (KLR)

Environment and Land Court
19 June 2024
EWEmmanuel M. Washe
4,317 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~17 min to read original · ~4 min brief

The bottom line

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The court dismissed a landowner's challenge because certified records proved the 1991 appeal was filed on time and he was heard.

What this practically means

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Executive summary

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The Petitioner sought declarations that the 6th Respondent's Minister's Appeal No. 139 of 1998 was filed out of time under Section 29 of the Land Adjudication Act, Cap 284, that the Minister's decision of 2004 was null and void, an order of certiorari to quash that decision, prohibition against registration of Plot No. 212 in Nkararo Adjudication Section to the 6th Respondent, and an order compelling registration of the Petitioner as owner. He alleged the appeal was lodged 7 years late and heard without his participation, infringing his rights under Articles 40, 47 and 50. The Respondents produced a certified copy of the Grounds of Appeal dated 19.08.1991 with the statutory fee receipt, showing the appeal was lodged 11 days after the objection ruling of 08.08.1991; the 1998 designation reflected administrative delay in forwarding the file. The court applied Section 83 of the Evidence Act to presume the certified documents genuine and found the appeal was filed within time. On the hearing issue, the certified proceedings showed the Petitioner participated fully, and his 2007 letters to the Minister enclosing the proceedings showed he knew of the determination since at least 2007. The court found no violation of Articles 10, 40, 43, 47, 48 or 50 and dismissed the petition with costs to the Petitioner.

Key legal issues

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01

Timeliness of the Minister's Appeal No. 139 of 1998

Holding

The appeal was filed on 19.08.1991, 11 days after the objection ruling of 08.08.1991, within the 60-day statutory period; the 1998 date reflected only administrative delays in forwarding the file

Reasoning

The Respondents produced a certified copy of the Grounds of Appeal dated 19.08.1991 together with the receipt for KShs 135 statutory fees. The Petitioner did not file a further affidavit challenging their genuineness. Applying Section 83 of the Evidence Act, the court presumed the certified documents genuine and found the appeal was filed within time.

p. 8
02

Whether the Petitioner was accorded a fair hearing in the Minister's Appeal

Holding

The Petitioner was notified and fully participated in the Minister's Appeal, testifying and calling two witnesses; Articles 47 and 50 were not infringed

Reasoning

The certified proceedings showed the Petitioner participated. His own 2007 letters, enclosing the case proceedings and complaining of delay in determination, showed he was aware of the Minister's Appeal at least since 2007, not 2021 as alleged, and he never complained of lack of hearing at the time.

p. 10

Legal principles established

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  • Under Section 83 of the Evidence Act, Cap 80, the court presumes to be genuine certified copies of documents purporting to be duly certified by a public officer
  • The 60-day appeal period under Section 29 of the Land Adjudication Act runs from the date of the objection ruling; administrative delay in forwarding the appeal file does not render the appeal out of time

Court orders

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  1. 1.The petition dated 02.12.2022 be and is hereby dismissed
  2. 2.The petitioner is ordered to pay costs of the petition

Authorities

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Legislation

  • Land Adjudication Act, Cap 284Section 29
  • Land Adjudication Act, Cap 284Section 30
  • Evidence Act, Cap 80Section 83(1)(c)
  • Constitution of Kenya, 2010Articles 10, 40, 43, 47, 48 and 50
Jurisdiction invoked
Articles 10, 40, 43, 47, 48 & 50 of the Constitution of Kenya, 2010; Land Adjudication Act, Cap 284

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, "Ntujusoi v Cabinet Secretary for Ministry of Lands, Public Works, Housing & Urban Development & 5 others; Nkendienye & 3 others (Interested Parties) (Environment & Land Petition E004 of 2022) [2024] KEELC 4898 (KLR)", Case Analysis (2024). Petition dated 02.12.2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4898/eng@2024-06-19

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