Republic v Land Adjudication Officer & another; Meshack M’ Mbukiwa (Interested Party); Johanah Muturi Mbiko (Ex parte ) [2020] eKLR Case Summary

Court
Environment and Land Court at Meru
Category
Civil
Judge(s)
Hon. Lucy N. Mbugua
Judgment Date
September 30, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Republic v Land Adjudication Officer & another; Meshack M’ Mbukiwa (Interested Party); Johanah Muturi Mbiko (Ex parte) [2020] eKLR, analyzing key legal principles and implications in land adjudication matters.


Case Brief: Republic v Land Adjudication Officer & another; Meshack M’ Mbukiwa (Interested Party); Johanah Muturi Mbiko (Ex parte ) [2020] eKLR

1. Case Information:
- Name of the Case: Republic vs. Land Adjudication Officer, Amwathi Mutiu Amina Adjudication Section & Another
- Case Number: Judicial Review Application No. 8 of 2019
- Court: Environment and Land Court at Meru
- Date Delivered: September 30, 2020
- Category of Law: Civil
- Judge(s): Hon. Lucy N. Mbugua
- Country: Kenya

2. Questions Presented:
The central legal issues for resolution by the court include:
1. Whether the 1st Respondent acted without jurisdiction by determining the objection without a committee.
2. Whether the ex-parte applicant was denied the right to be heard in the proceedings.
3. Whether the ex-parte applicant complied with the necessary procedural requirements for judicial review.

3. Facts of the Case:
The ex-parte applicant, Johanah Muturi Mbiko, claims ownership of land parcel No. 2794 in the Amwathi Mutuati 1A Adjudication Section since 1995. He alleges that the Land Adjudication Officer (1st Respondent) made a decision on February 14, 2019, regarding an objection to the ownership of the land without hearing evidence from both parties. The decision awarded the land to the interested party, Meshack M'Mbukiwa, based on an erroneous claim that the land belonged to their father and should be shared. The interested party counters that the ex-parte applicant had ignored multiple summons and had subsequently filed an appeal against the decision, arguing that the judicial review application is premature.

4. Procedural History:
The case began with the ex-parte applicant seeking an Order of Certiorari to quash the decision of the 1st Respondent. The interested party opposed the motion, asserting that the applicant had not attended hearings and had filed an appeal to the minister. The court directed the parties to submit written submissions, which they did, addressing issues of procedural fairness and jurisdiction.

5. Analysis:
- Rules: The court considered Articles 25, 47, and 50 of the Constitution of Kenya, which guarantee the right to a fair hearing. It also referenced the Land Adjudication Act and the requirements for the formation of a committee to hear objections.

- Case Law: The court cited previous cases, including *Muthoni Kiriungi & Another v Chairman, Land Adjudication & Settlement Officer* and *Peter Kimandiu v Land Adjudication Officer Tigania East District*, which established the necessity of a committee in certain adjudication contexts. However, it distinguished these cases based on the applicable statutes.

- Application: The court found that the ex-parte applicant failed to demonstrate that he was denied a chance to be heard, noting that he had been summoned multiple times but did not attend. The court also concluded that the 1st Respondent had jurisdiction to hear the matter without a committee under the relevant provisions of the Land Adjudication Act.

6. Conclusion:
The court ruled against the ex-parte applicant, dismissing the application for lack of merit. It determined that the applicant had not exhausted the available remedies before appealing to the court and that the issues raised could be adequately addressed in the pending appeal to the minister.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The Environment and Land Court dismissed the application for judicial review filed by Johanah Muturi Mbiko, affirming the decision of the Land Adjudication Officer. The ruling underscores the importance of exhausting administrative remedies before seeking judicial intervention and clarifies the procedural requirements under the Land Adjudication Act. This case highlights the court's approach to ensuring that judicial review does not interfere with ongoing administrative processes.

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