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ELCPartially AllowedNot stated in judgment

Nyawa v Sub-County Land Adjudication & Settlement Officer Kinango & another (Miscellaneous Application E009 of 2024) [2025] KEELC 5825 (KLR)

Environment and Land Court
19 June 2025
LNL. L. Naikuni
1,671 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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A Kwale court allowed a landowner to file a late objection before a land adjudication committee after getting the required written consent, with no costs ordered.

What this practically means

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Executive summary

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This was a ruling of the Environment and Land Court at Kwale (Hon. Mr. Justice L. L. Naikuni, J) on a Notice of Motion dated 21st August 2024 by Nyawa Nyale Nyawa, brought under Order 51 rule 1 of the Civil Procedure Rules and Sections 3, 3A and 63(e) of the Civil Procedure Act. The Applicant sought leave to file an objection with the Mazola Land Adjudication Committee over Plot No. 403 Mazola Adjudication section, measuring approximately 1246.15 hectares, which he said was community land housing over 200 families. He averred that he had obtained written consent from the Sub-County Adjudication Officer under section 30(1) of the Land Adjudication Act, Cap. 284, that the adjudication process was in its final stages, and that he would suffer irreparable loss if the orders were declined. The court framed two issues: whether the application was merited, and who should bear its costs. On the first, the court analysed section 30(1) of the Land Adjudication Act, which bars civil proceedings concerning land in adjudication sections without the adjudication officer's written consent until the register becomes final, and noted the Act's internal dispute-resolution mechanisms and the doctrine of exhaustion. Finding the Applicant had strictly complied by obtaining consent, and invoking fair-hearing principles under Articles 25(c), 47, 48 and 50(1) & (2) of the Constitution, the court allowed the application. On costs, although restating that costs follow the event under section 27(1) of the Civil Procedure Act, the court elected to make no order as to costs. The Applicant was granted 30 days to file the objection.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Notice of Motion application dated 21st August, 2024 is merited.
  2. 2.Who will bear the Costs of Notice of Motion application 21st August, 2024.

Key legal issues

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01

Whether leave should issue for the Applicant to file an objection before the Mazola Land Adjudication Committee

Holding

The application was allowed; the Applicant had obtained the statutory consent under section 30(1) and no prejudice to the Respondents was demonstrated.

Reasoning

The court found the Applicant was ordinarily resident in the adjudication section and had obtained written consent from the Sub-County Adjudication Officer under section 30(1) of the Land Adjudication Act. Applying fair-hearing principles under Articles 25(c), 47, 48 and 50(1) & (2) of the Constitution, and noting the application was uncontested with no demonstrated prejudice, equity favoured granting leave to lodge the objection.

p. 3
02

Costs of the application

Holding

No orders as to costs, despite costs generally following the event.

Reasoning

The court restated that costs are discretionary and follow the event under section 27(1) of the Civil Procedure Act. Although the Applicant succeeded, the court exercised its discretion not to award costs, without giving detailed reasons.

p. 4

Legal principles established

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  • Under section 30(1) of the Land Adjudication Act, no civil proceedings concerning land in an adjudication section may be instituted or entertained without the written consent of the adjudication officer until the adjudication register becomes final under section 29(3).
  • The Land Adjudication Act contains an internal self-resolving dispute mechanism and courts should apply the doctrine of exhaustion, subject to the section 30(1) consent exception and recourse to prerogative writs.

Court orders

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  1. 1.That the Notice of Motion application dated 21st August, 2024 be and is hereby found to have merit and is allowed.
  2. 2.That the Applicant herein be and is hereby granted leave to file an objection with Mazola Land Adjudication Committee on Parcels of land known as Plot No.403 Mazola Adjudication section measuring Approximately 1246.15 Ha. Within the next 30 days from this date.
  3. 3.That there shall be no orders as to costs.

The bench

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One judgment of the whole court — no separate or dissenting opinions.

LN
majority

Wrote the judgment

Jurisdiction invoked
Order 51 rule 1 of the Civil Procedure Rules and Sections 3, 3A & 63(e) of the Civil Procedure Act, Cap. 21

Relief refused

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Costs of the application

The court elected not to award costs despite the application succeeding

p. 4

Costs

That there shall be no orders as to costs.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

That the Applicant herein be and is hereby granted leave to file an objection with Mazola Land Adjudication Committee on Parcels of land known as Plot No.403 Mazola Adjudication section measuring Approximately 1246.15 Ha. Within the next 30 days from this date.
p. 4Disposition - leave to file objection
That there shall be no orders as to costs.
p. 4Costs
Except with the consent in writing of the adjudication oficer, no person shall institute, and no court shall entertain, any civil proceedings concerning an interest in land in an adjudication section until the adjudication register for that adjudication section has become final in all respects under section 29(3) of this Act.
p. 3Section 30(1) Land Adjudication Act - bar on proceedings

Issues in the judgment

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minor

Respondents are referenced but never named or described anywhere in the judgment, so parties cannot be fully identified.

minor

The judgment repeatedly refers to the Land Adjudication Act as 'Cap. 284' but the application is brought under 'section 30 (1) of Cap 284' in the affidavit while the Act is elsewhere cited; also the court cites 'Section 27 (1) of the Civil Procedure Rules Cap. 21' though costs provisions are in the Civil Procedure Act.

minor

The case number and neutral citation are not stated in the judgment text provided.

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, "Nyawa v Sub-County Land Adjudication & Settlement Officer Kinango & another (Miscellaneous Application E009 of 2024) [2025] KEELC 5825 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5825/eng@2025-06-19

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