[2024] KEELC 13302 (KLR)

[2024] KEELC 13302 (KLR)

The court found that while it has jurisdiction to hear disputes relating to land and constitutional rights, the petitioners failed to exhaust the statutory mechanisms provided under the Land Adjudication Act and the Community Land Act. The petitioners did not object to the adjudication register or appeal to the Minister as required by Sections 26 and 29 of the Land Adjudication Act, nor did they utilize alternative dispute resolution mechanisms under the Community Land Act. The court held that the dispute was primarily civil in nature, concerning ownership of land, and did not raise constitutional issues warranting the court's intervention by way of a constitutional petition. The petition...

Citation
[2024] KEELC 13302 (KLR)
Parties
Applicant: Makutano Self Help Group (Suing Through its Representatives Luke Gitonga, Cyprian Iguna Gwatia and Gitonga Chakanu); Respondent: County Government of Tharaka Nithi; Respondent: District Land Adjudication and Settlement Officer Tharaka Nithi County
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Judgment Date
20 November 2024
Case Number
Environment and Land Constitutional Petition E002 of 2023
Procedural Posture
Constitutional Petition / Judgment
Outcome
petition dismissed with costs to the respondents
Judges
CK Yano
Legal Topics
Community Land, Right to Property, Land Adjudication, Access to Information, Exhaustion of Remedies
Source Language
English
Land and Property Constitutional Law Community Land Right to Property Land Adjudication Access to Information Exhaustion of Remedies

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Parties

Makutano Self Help Group (Suing Through its Representatives Luke Gitonga, Cyprian Iguna Gwatia and Gitonga Chakanu)

Applicant

County Government of Tharaka Nithi

Respondent

District Land Adjudication and Settlement Officer Tharaka Nithi County

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain the petition regarding alleged violation of constitutional rights relating to land adjudication.
  2. 2 Whether the petition meets the threshold of a constitutional petition as required by law.
  3. 3 Whether the petitioners are entitled to the reliefs sought, including declarations and prerogative orders.

Ratio Decidendi

The court found that while it has jurisdiction to hear disputes relating to land and constitutional rights, the petitioners failed to exhaust the statutory mechanisms provided under the Land Adjudication Act and the Community Land Act. The petitioners did not object to the adjudication register or appeal to the Minister as required by Sections 26 and 29 of the Land Adjudication Act, nor did they utilize alternative dispute resolution mechanisms under the Community Land Act. The court held that the dispute was primarily civil in nature, concerning ownership of land, and did not raise constitutional issues warranting the court's intervention by way of a constitutional petition. The petition...

Court Disposition

petition dismissed with costs to the respondents

Orders

  • The petition is dismissed with costs to the respondents.