[2015] KEHC 5160 (KLR)
The court determined that the absence of the proceedings and decision of the Land Adjudication Officer in the record of appeal renders the record incomplete. These documents are essential as they form the basis of the appeal and the current judicial review proceedings. The court further noted that the status of the...
Source-derived case information.
- Citation
- [2015] KEHC 5160 (KLR)
- Parties
- Plaintiff: Godfrey Munene (Representing Munyi Mbiti (Deceased) and others); Respondent: The Hon. Attorney General; Respondent: Minister for Lands; Respondent: The Commissioner of Lands; Respondent: The Mbeere District Adjudication Officer; Respondent: The Land Registrar Mbeere District; Interested Party: Nelson Runji Njira
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 5 of 2014
- Procedural Posture
- Judicial Review Application / Interlocutory Ruling on Record Completeness
- Outcome
- interlocutory directions issued
- Legal Topics
- Land Adjudication, Judicial Review Procedure, Supplementary Record Filing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godfrey Munene (Representing Munyi Mbiti (Deceased) and others)
Plaintiff
The Hon. Attorney General
Respondent
Minister for Lands
Respondent
The Commissioner of Lands
Respondent
The Mbeere District Adjudication Officer
Respondent
The Land Registrar Mbeere District
Respondent
Nelson Runji Njira
Interested Party
Procedural Posture
Judicial Review Application / Interlocutory Ruling on Record Completeness
Legal Issues
- 1 Whether the record of appeal is complete without the proceedings and decision of the Land Adjudication Officer.
- 2 Whether the status of the deceased plaintiff in previous proceedings affects the current judicial review, particularly regarding res judicata.
Ratio Decidendi
The court determined that the absence of the proceedings and decision of the Land Adjudication Officer in the record of appeal renders the record incomplete. These documents are essential as they form the basis of the appeal and the current judicial review proceedings. The court further noted that the status of the deceased plaintiff in previous proceedings is relevant to the issues raised, including res judicata. Consequently, the court directed the applicant to file and serve a supplementary record containing the missing documents before further directions can be given.
Court Disposition
interlocutory directions issued
Orders
- Counsel for the ex-parte applicant is directed to file and serve a supplementary record including the proceedings and decision of the Land Adjudication Officer.
- Further directions to be given after the supplementary record is filed and served.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
JR MISC E.L.C. 5 OF 2014
FORMERLY KERUGOYA JR MISC C.A. NO. 15 OF 2014
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW FOR ORDERS OF PROHIBITION
AND
IN THE MATTER OF AN APPEAL TO THE MINISTER LAND APPEAL CASE NUMBER 149 OF 1996 MUNYI MBITI
AGAINST 16 CLANS
AND IN THE MATTER OF MBEERE/KIRIMA LAND ADJUDICATION SECTION
AND
IN THE MATTER OF LAND PARCELS/TITLES/NUMBER
MBEERE/KIRIMA/2244/2968 AND 2244/4090
GODFREY MUNENE (Representing Munyi Mbiti
(Deceased) and others...................................................PLAINTIFF
VERSUS
THE HON. ATTORNEY GENERAL .........................1st RESPONDENT
MINISTER FOR LANDS.......................2nd RESPONDENT
THE COMMISSIONER OF LANDS................... 3rd RESPONDENT
THE MBEERE DISTRICT ADJUDICATION OFFICER......... 4th RESPONDENT
THE LAND REGISTRAR MBEERE DISTRICT................. 5th RESPONDENT
AND
NELSON RUNJI NJIRA..................................INTERESTED PARTY
RULING
I have perused the record of appeal and I find that the proceedings and decision of the Land Adjudication Officer are not included in this record.
The proceedings and the decision of the Land Adjudication Officer are important because they gave rise to the appeal case number 149/1996, between Munyi Mbiti v 16 Clans which in turn forms the basis of the judicial review proceedings in case number 12 of 2007,betweenMunyi Mbiti v District Commissioner
In the judicial review,case number 12 of 2007 between Munyi Mbiti v. District Commissioner, supra, it is important to find out the status of the deceased plaintiff. His status is important to ascertain whether he appeared in his personal capacity or in his representative capacity on behalf of the Ngiti clan. This has a bearing on the issues raised in the judicial review proceedings in the instant case, namelyres-judicata, amongst other issues.
In the light of the foregoing issues, Counsel for the ex-parte applicant, is directed to file and serve a supplementary record which should include the proceedings and decision of the Land Adjudication Officer. There after, the court will be in a position to give further direction in the matter.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this …. …...... 23rd ........day of …........APRIL....2015.
In the presence of Mr Kamunda for the ex-parte applicant and Ms Rose Migwi holding brief for Mr Okwaro for the interested party and in the absence of the respondents and their counsel.
Court clerk Mr Muriithi
J.M. BWONWONGA
JUDGE