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ELCAllowedELCL JR NO. E021 OF 2025

Republic v Deputy County Commissioner Tigania Central & 3 others; Kiunye (Ex parte Applicant) (Environment and Land Judicial Review Miscellaneous Application E021 of 2025) [2026] KEELC 5340 (KLR)

Environment and Land Court
18 August 2026
3,373 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court quashed a land adjudication appeal decision because one party was never invited to the site visit, ordering a fresh hearing.

What this practically means

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Executive summary

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The ex-parte applicant, Daniel Kiunye, sought an order of certiorari quashing the proceedings and decision of 17/07/2025 rendered by the Cabinet Secretary's delegatee (the Deputy County Commissioner for Tigania Central) in Minister's Appeal No. 202 of 2024 over land parcel No. 7587, Giithu Adjudication Section. He contended the delegatee denied him a fair hearing by failing to invite him to the locus-in-quo visit, acted ultra vires by taking fresh evidence, and erred in entertaining the interested party's adjudication register objection. The respondents maintained due process was followed and faulted the applicant for not exhibiting the impugned proceedings, explaining that the Director of Land Adjudication and Settlement had returned the award because the applicant refused to affix his thumbprint to his statement. The interested party asserted he had long possession and that disputes existed at the Committee and Arbitration Board stages. The court held that the uncontroverted failure to invite the applicant to the locus-in-quo visit - which formed part of the appeal proceedings - was a fundamental procedural impropriety violating the right to be heard. It rejected the ultra vires argument, finding Regulation 4(4) of the Land Adjudication Regulations permits the taking of evidence on appeal, and rejected the contention that Section 26 objections are appellate in nature, holding every person affected by the register may object. The court further noted the delegatee's failure to obtain the applicant's thumbprint and to capture his own name on the award. Certiorari issued quashing the decision and proceedings, with the appeal to be reheard afresh by the Minister or a different delegatee. Each party was ordered to bear their own costs, the errors being inadvertent omissions and the Minister not having been sued.

Questions the Court framed

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

  1. 1.Whether a proper case has been made to warrant grant of an order of certiorari quashing the impugned proceedings and the impugned decision of the Minister in Appeal No. 202 of 2024

Key legal issues

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01

Whether the failure to invite the ex-parte applicant to the locus-in-quo visit amounted to procedural impropriety

Holding

Yes - the omission was a fundamental procedural impropriety warranting certiorari.

Reasoning

The 1st respondent's replying affidavit did not address the allegation of non-invitation to the site visit. The right to be heard is sacrosanct, drawing on Kidero v Waititu and Pashito Holdings. Since the assertion was uncontroverted and the visit was part of the proceedings, the court found a fundamental procedural impropriety rendering the decision unsustainable.

p. 11
02

Whether taking fresh evidence in the appeal was ultra vires

Holding

No - Regulation 4(4) of the Land Adjudication Regulations expressly permits parties to call witnesses before the Cabinet Secretary.

Reasoning

The applicant wrongly expected the Minister's appeal to be conducted like a civil appellate appeal. Hearings under Section 29 are governed by the Land Adjudication Regulations, under which evidence may be taken. The ultra vires contention therefore failed.

p. 12
03

Whether an objection under Section 26 was barred by the interested party's failure to raise disputes at Committee and Arbitration Board stages

Holding

No - Section 26 confers an independent right to object on any person named in or affected by the register.

Reasoning

An adjudication register objection is invited after the register is made public. Parliament reserved the right to object to every affected person and did not confine the objection to an appellate mechanism, so the argument was rejected.

p. 14
04

Whether further omissions by the delegatee compounded the irregularity

Holding

Yes - failure to obtain the applicant's thumbprint on his statement and failure to capture the delegatee's name on the award were grave omissions.

Reasoning

The 1st respondent himself swore that the post-determination invitation to append a signature was declined, causing a stalemate with the Director of Land Adjudication and Settlement returning the award; the exhibited letter also showed the delegatee's name was omitted from the award.

p. 14

Legal principles established

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  • A visit to the locus-in-quo forms part of land adjudication appeal proceedings and all affected parties are entitled to be invited; failure to invite a party is a fundamental procedural impropriety vitiating the decision.
  • The Minister's delegatee hearing an appeal under Section 29 of the Land Adjudication Act may lawfully take fresh evidence from parties and witnesses.
  • An objection to an adjudication register under Section 26 of the Land Adjudication Act is not purely an appellate remedy and lies for any person affected by the register.

Court orders

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  1. 1.An order of certiorari quashing the proceedings and the decision of the Minister's delegatee in Appeal No. 202 of 2024 relating to land parcel number 7587 in Giithu Adjudication Section
  2. 2.The appeal to the Minister shall be heard afresh by the Minister or a different delegatee to be appointed by the Minister
  3. 3.Each party to bear their respective costs of the suit

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Article 47 of the Constitution, Sections 8 and 9 of the Law Reform Act, Order 53 rules 1(1) and 2 of the Civil Procedure Rules

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.

The visit was part of the land adjudication proceedings and all the affected parties were entitled to be invited.
p. 9natural justice - locus-in-quo participation
Through the framework in Section 26, Parliament reserved in every person affected by the register the right to lodge an objection.
p. 14adjudication register objections
the law permits the Minister’s delegatee to take evidence from the parties to the appeal and from witnesses presented by parties to the appeal.
p. 12scope of Minister's appeal under Section 29
the proceedings and the decision of the Minister’s delegatee in Appeal No. 202 of 2024 relating to land parcel number 7587 in Giithu Adjudication Section is hereby quashed. The appeal shall be heard a fresh by the Minister or a different delegatee to be appointed by the Minister.
p. 15final orders - certiorari and rehearing

Issues in the judgment

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minor

The judgment describes the issue in paragraph 17 as an order of mandamus although the relief sought and granted is certiorari

minor

Chronology inconsistency - forwarding of proceedings dated after the date of return letter

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 Tigania Central & 3 others; Kiunye (Ex parte Applicant) (Environment and Land Judicial Review Miscellaneous Application E021 of 2025) [2026] KEELC 5340 (KLR)", Case Analysis (2026). ELCL JR NO. E021 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5340/eng@2026-08-18

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