Maingi (Suing on Behalf of the Estate of M’imangi M’mutanthi - Deceased) ((Suing on Behalf of the Estate of M’imangi M’mutanthi - Deceased)) v Land Adjudication and Settlement Officer Igembe South County & 3 others; Miriti & another (Interested Parties) (Petition E007 of 2024) [2025] KEELC 4082 (KLR)

The petition effectively seeks a declaration of ownership of land within an adjudication section. Section 8(1) of the Land Consolidation Act, Cap 283, peremptorily bars any court from taking cognizance of such proceedings without the Adjudication Officer's prior written consent. The Court of Appeal in Ole Pere held that such mandatory requirements cannot be cured by filing a constitutional petition. No consent was obtained, hence the suit fails.

The petitioner sued on behalf of the estate and thus bore the burden of demonstrating capacity under section 82 of the Law of Succession Act. The grant ad litem obtained on 22nd April 2024 was expressly limited to filing a succession cause. A party stands or falls by its own documentation; the limited grant therefore does not authorize a constitutional petition, and locus standi being a threshold jurisdictional issue, the petitioner cannot be heard.

A constitutional petition must set out with reasonable precision the constitutional provisions alleged to be infringed, the manner of infringement, and the persons responsible. The petitioner impleaded four respondents but failed to particularize how his rights were breached or by whom. Generalized allegations dumped on the court cannot sustain a constitutional claim.

Title to the suit plots is registered in the name of Samuel Miriti (deceased) following the land consolidation process; the petitioner's objections were dismissed and his judicial review struck out. Without acquired title there can be no breach of Article 40. On Article 47, the objections were heard with notices, evidence and cross-examination, satisfying fair administrative action requirements.