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ELCDismissedJudicial Review Application (Notice of motion dated 27th December, 2023)· [2024] KEELC 6814 (KLR)

Republic v Deputy County Commissioner - Buuri East Sub County & 2 others; M’Ikirima & 7 others (Interested Parties); Samwel (Exparte) (Environment and Land Miscellaneous Application E021 of 2023) [2024] KEELC 6814 (KLR)

Environment and Land Court
17 October 2024
CYC.K Yano
2,276 words in judgment
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The bottom line

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A Meru court dismissed a landowner's bid to overturn land adjudication decisions, confirming that Kenyan judicial review challenges the fairness of the process, not the outcome itself.

What this practically means

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Executive summary

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The ex-parte applicant, Jeremiah Maingi Samwel, moved the Environment and Land Court at Meru by notice of motion dated 27th December 2023 under Articles 23(3)(f) and 47 of the Constitution and Sections 7 and 8 of the Fair Administrative Action Act, seeking certiorari to quash objection proceedings and decisions of the land adjudication officer and the 2nd respondent over land parcel No. 699 Ruiri/Rwarera Adjudication Section; mandamus to compel the 1st respondent to hear Appeal No. 278 of 2020 afresh or, alternatively, to compel registration of the 22.5-acre parcel in his name and cancellation of resultant sub-divisions; and prohibition against enforcement of the decisions. He contended he was never served with objection summons or heard in objection Nos. 358, 3709 and 4344, that the 1st respondent acted ultra vires and unreasonably by awarding him only 1.5 acres despite finding him the registered owner, and that the appeal hearing was delayed. The respondents opposed, arguing the application was an appeal disguised as judicial review and that the 1st respondent lacked power to remit matters for fresh hearing. The interested parties attended but filed no response. The court, applying the Gathenji Njoroge and Municipal Council of Mombasa authorities, held that judicial review concerns the decision-making process, not the merits. It found the applicant himself lodged the appeal and testified first, his own annexures contradicting claims of denied participation, and that the respondents acted within the Land Adjudication Act and Land Consolidation Act. The application was dismissed with each party bearing their own costs.

Key legal issues

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01

Whether the impugned objection and appeal proceedings violated the rules of natural justice and were ultra vires

Holding

The application is dismissed; the proceedings were fair, objective and procedural and the respondents acted within their statutory powers.

Reasoning

The court held judicial review examines the decision-making process, not the merits. The applicant himself lodged the appeal and testified first before the interested parties; his own annexures contradicted claims he was denied a hearing or prevented from calling witnesses. The respondents acted under the Land Adjudication Act and Land Consolidation Act, so their actions were not ultra vires.

p. 4

Legal principles established

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  • Judicial review concerns the decision-making process, not the merits of the decision
  • The role of the court in judicial review is supervisory, not appellate

Court orders

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  1. 1.The notice of motion dated 27th December, 2023 is dismissed.
  2. 2.Each party to bear their own costs.
  3. 3.Orders accordingly.

Authorities

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Legislation

  • Constitution of KenyaArticle 23(3)(f)
  • Constitution of KenyaArticle 47
  • Fair Administrative Action ActSections 7 and 8
  • Land Adjudication ActSection 29
  • Land Consolidation Act

Cases cited (2)

  • Republic Vs Kenya National Examination Council Ex-parte Geofirey Gathenji Njoroge & 9 others
    [1997] eKLR
  • Municipal Council of Mombasa Vs Umoja Consultants Ltd
    [2002] eKLR
Jurisdiction invoked
Article 23(3)(f) and 47 of the Constitution of Kenya; Section 7 and 8 of the Fair Administrative Action Act, 2015

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, "Republic v Deputy County Commissioner - Buuri East Sub County & 2 others; M’Ikirima & 7 others (Interested Parties); Samwel (Exparte) (Environment and Land Miscellaneous Application E021 of 2023) [2024] KEELC 6814 (KLR)", Case Analysis (2024). Judicial Review Application (Notice of motion dated 27th December, 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6814/eng@2024-10-17

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