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ELCDismissedNot stated in the judgment as provided

Mbinda & another v Land Adjudication Officer, Makueni & 5 others (Environment and Land Petition E003 of 2025) [2026] KEELC 3132 (KLR)

Environment and Land Court
20 May 2026
2,349 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court dismissed a landowners' petition because they could not prove they actually filed an objection during land adjudication.

What this practically means

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Executive summary

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The Petitioners, who share common ancestry with the 6th Respondent, challenged the adjudication process over land parcels Makueni/Wautu/3168 and 3722 (Wautu Adjudication Section, Makueni County). During adjudication parcel 3168 was recorded in the Petitioners' names, but the 6th Respondent's complaint to the Adjudication Committee succeeded, creating parcel 3722 in his favour; the Petitioners lost before the Arbitration Board. The Petitioners claimed their objection filed on 11th October, 2010 to the Land Adjudication Officer was never determined, and sought declarations, certiorari, cancellation of titles, mandamus, an injunction against the 6th Respondent, damages and special damages of Kshs.167,776/=, alleging violations of Articles 40 and 50. Only the 1st to 5th Respondents responded, contending the petition was misconceived, an abuse of process, and unproved. The court framed five issues. It found, first, that no objection to the Land Adjudication Officer was actually filed: the Petitioners produced only an uncertified receipt, whereas they were able to obtain certified proceedings of the Committee and Arbitration Board, and objection documents are public records. Secondly, having filed no objection, the Petitioners could not claim denial of fair hearing; their 13-year delay in following up, despite titles issuing on 15th April, 2015, further undermined the claim. Thirdly, parcel 3722 was lawfully created under the Land Adjudication Act, so Article 40 was not violated. Consequently, no reliefs were available, and the petition was dismissed with costs to the 1st to 5th Respondents. The 6th Respondent took no part in the proceedings.

Questions the Court framed

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

  1. 1.Whether there was an objection filed before the Land Adjudication Officer
  2. 2.Whether the Petitioners were granted a fair hearing
  3. 3.Whether the Petitioners' right to property was violated
  4. 4.Whether the Petitioners are entitled to the reliefs sought
  5. 5.Which order should be made on costs

Key legal issues

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01

Whether the Petitioners filed an objection to the Land Adjudication Officer

Holding

No objection was filed; the receipt produced was uncertified and the objection document itself was not produced

Reasoning

Section 26(1) of the Land Adjudication Act requires an objection in writing within 60 days of publication of the notice of completion. The Petitioners produced only an uncertified receipt dated 11th October, 2010, while they were able to obtain certified proceedings of the Committee and Arbitration Board. Objection documents are public records; the failure to produce the objection itself led the court to conclude none was filed.

p. 5
02

Whether the Petitioners were denied a fair hearing under Article 50(1)

Holding

No violation; since no objection was filed, there was no hearing to be denied, and the 13-year delay in following up undermined the claim

Reasoning

The court found no objection was lodged, so the Petitioners could not complain of a hearing denied. Further, titles issued on 15th April, 2015, yet the Petitioners only inquired about a pending objection over 13 years later, casting doubt on the claim. Article 50(1) was held not to be violated on the evidence.

p. 5
03

Whether the Petitioners' right to property under Article 40 was violated

Holding

No violation; parcel 3722 was created through a lawful process under the Land Adjudication Act

Reasoning

The 6th Respondent's complaint to the Adjudication Committee was upheld, creating parcel 3722, and the Petitioners lost before the Arbitration Board. Having failed to prove any objection to the Land Adjudication Officer, the Petitioners had no basis to claim arbitrary deprivation of property. The creation of parcel 3722 was lawful and no Article 40 violation was established.

p. 6
04

Entitlement to reliefs

Holding

Not entitled to any reliefs as no constitutional violation was proved

Reasoning

Having found no violation of Articles 40 or 50, the court held the Petitioners entitled to none of the reliefs sought, and dismissed the petition with costs to the 1st to 5th Respondents.

p. 6

Legal principles established

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  • A party alleging that an objection was filed before the Land Adjudication Officer must produce the objection itself; a mere receipt, unc certified, does not prove filing
  • A party cannot allege denial of fair hearing without demonstrating that a hearing was accorded but not in accordance with due process

Court orders

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  1. 1.The petition is dismissed with costs to the 1st to 5th Respondents

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Original constitutional jurisdiction (petition under Articles 40 and 50 of the Constitution); no specific jurisdictional provision is cited in the judgment as provided

Relief refused

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Declaration that the adjudication process over plots 3168 and 3722 Wautu Adjudication Section is unconstitutional, null and void

No constitutional violation was proved; no objection to the Land Adjudication Officer was established

p. 6

Certiorari to quash the adjudication register for plots 3168 and 3722

Not entitled to reliefs since Articles 40 and 50 not violated

p. 6

Cancellation of the title deeds for Makueni/Wautu/3168 and 3722

Creation of parcel 3722 was lawful

p. 6

Mandamus compelling reopening of the adjudication section and issuance of one title in the Petitioners' names

Petition dismissed; no unheeded objection was proved

p. 5

Permanent injunction against the 6th Respondent, compensation/exemplary damages and special damages of Kshs.167,776/=

No violation of constitutional rights established; petition dismissed

p. 6

Costs

Petition dismissed with costs to the 1st to 5th Respondents

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.

It is therefore clear that there was no objection filed by the Petitioners.
p. 5proof of filing objection under the Land Adjudication Act
One cannot allege denial of fair hearing when he has not demonstrated that he was accorded a hearing which was not in accordance with due process.
p. 5fair hearing under Article 50
The creation of parcel 3722 was lawful. I therefore find that there was no violation of the Petitioners' rights under Article 40 of the Constitution as alleged.
p. 6right to property under Article 40
Having found that the Petitioners' constitutional rights were not violated, their petition fails and it is hereby dismissed with costs to the 1st to 5th Respondents.
p. 6disposition - dismissal with costs

Issues in the judgment

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minor

The case number and neutral citation are not stated anywhere in the judgment as provided

minor

The submission dates are internally inconsistent: Petitioners' submissions dated 20th August, 2026, yet the 1st to 5th Respondents' submissions are dated 13th October, 2025

minor

The court and station are not expressly identified in the judgment as 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, "Mbinda & another v Land Adjudication Officer, Makueni & 5 others (Environment and Land Petition E003 of 2025) [2026] KEELC 3132 (KLR)", Case Analysis (2026). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3132/eng@2026-05-20

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