Njagi & 2 others v Attorney General & 7 others (Constitutional Petition 5 of 2019) [2025] KEELC 6585 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the decision in Minister's Appeal No. 212 of 2002 was arrived at through a lawful process
The proceedings were conducted by persons without jurisdiction, were tainted with forgery and illegality, and denied the petitioners a hearing; the decision was unconstitutional and unlawful.
The court relied on the statement of the then Deputy County Commissioner Beverly K. Opwora disowning participation, the DCI investigation report, the forgery charge against the appeal secretary, and the 6th respondent's own admission that a clerk without authority made the decision, concluding the process was marred by irregularities, fraud and breach of natural justice.
Whether the petitioners' constitutional rights were violated
Yes - the petitioners were denied an opportunity to be heard, and their rights to property (Article 40) and fair administrative action (Article 47) were violated.
The hearing of 6/3/2018 proceeded in the petitioners' absence, the land was registered before the appeal was heard, and the proceedings were backdated and forged, amounting to arbitrary deprivation of property and denial of fair administrative action.
Whether the suit against the deceased 7th respondent abated under Order 24 rule 4 of the Civil Procedure Rules
No abatement order was made; the petition proceeded against his interests to the extent of nullifying the impugned decision.
Although the 7th respondent's estate argued abatement for failure to substitute within a year, the court did not strike out the petition and proceeded to decide it, issuing orders that affect the registrations arising from the impugned decision without entering judgment on title against him.
Legal principles established
#- Administrative action taken by persons without authority or jurisdiction, conducted in breach of natural justice, is unconstitutional and unlawful and liable to be nullified
Court orders
#- 1.A declaration that the proceedings and decision delivered on 6/3/2018 in Minister's Appeal No. 212 of 2002 were unconstitutional and unlawful for violating the petitioners' rights under Articles 40 and 47 of the Constitution
- 2.An order nullifying and setting aside the decision of 6/3/2018 made in Minister's Appeal No. 212 of 2002 together with all the registrations or dealings with the parcels of land in dispute arising from that decision
- 3.Minister's Appeal No. 212 of 2002 is remitted back to the Deputy County Commissioner, Mbeere South Sub-County, for a fresh hearing and determination in strict compliance with the law
- 4.Each party shall bear its own costs
- Jurisdiction invoked
- Articles 40 and 47 of the Constitution of Kenya, 2010 (constitutional petition challenging administrative action in land adjudication proceedings)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njagi & 2 others v Attorney General & 7 others (Constitutional Petition 5 of 2019) [2025] KEELC 6585 (KLR)", Case Analysis (2025). Petition dated 4/7/2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6585/eng@2025-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.