County Government of Meru & another v Land Adjudication and Settlement Officer, Tigania East Sub-County & another
The bottom line
#Kenya's Environment and Land Court allowed land adjudication in Meru to continue despite procedural gaps, prioritising residents' long-delayed quest for title deeds.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Court has jurisdiction to hear the matter and whether the Petitioners have locus standi to institute the suit
- 2.Whether the land in question is unregistered community land
- 3.Which law is applicable (the Constitution, Community Land Act, Land Adjudication Act, Trust Land Act)
- 4.Whether the adjudication process was commenced in flagrant disrespect of the law
- 5.Whether there was public participation
- 6.In whose interest the petition was filed
Key legal issues
#Jurisdiction and locus standi
The petition was properly before the court; although some issues were judicial review in nature, constitutional questions on community land justified the petition, and it was brought in public interest under Article 258
The court acknowledged that some complaints (ultra vires decision, committee composition, consent under section 30) were judicial review issues, but the questions whether the suit land is unregistered community land and which law applies are constitutional questions properly raised by petition. The petition was brought in public interest under Articles 22 and 258, so the petitioners had locus standi and no section 30 consent was required.
Whether the suit land is unregistered community land
Yes - the land falls under Article 63(2)(d) as ancestral land and lawfully held trust land, and all other parties concurred
The 1st Interested Party argued no Act declared the land community land, but its own account showed community members had occupied and used the land for decades pursuant to 'gathering' with a common interest in obtaining title - evidence of a similar community of interest under Article 63(1). The claim is anchored in ancestry, falling under Article 63(2)(d); the land is unregistered community land.
Applicable law
Both the Community Land Act and the Land Adjudication Act apply and operate in harmony; the Trust Land Act stands repealed
The adjudication notice was issued in March 2016, six months before the Community Land Act came into force, and no provision of that Act is retrospective. The saving and transitional provisions confirm continuation of adjudication processes. Significantly, the Community Land Act repealed the Trust Land Act and Land (Group Representatives) Act but not the Land Adjudication Act or Land Consolidation Act, showing no ouster was intended.
Whether the adjudication process was commenced in flagrant disrespect of the law
There was no formal request by the County Government and no formal Ministerial order under section 3 of the Land Adjudication Act, but the process should not be invalidated
The word 'MAY' in section 3 is discretionary and no manner of making the request or order is prescribed; under Article 159(2)(d) justice is administered without undue regard to procedural technicalities. Countervailing factors - holistic interpretation, the 50-year history of delay, legitimate expectation, inter- and intra-generational equity, the right to development, public funds already spent, and the stage of the process (229 parcels demarcated) - outweigh invalidation.
Public participation
There was public participation; the allegation was unfounded
The residents sensitised the public through chiefs, held a widely attended baraza, elected committee members from sub-units in the presence of the Deputy County Commissioner and chiefs, and no resident complained of ignorance of the process. The petitioners led no evidence to counter this. The case was distinguished from Gitson Energy, where residents were not consulted.
In whose interest the petition was filed
Unclear; the County Government, though trustee of community land, appeared not to be acting for the community's benefit
The petitioners failed to respond to allegations of prior attempts at land grabbing by county officials, did not even acknowledge Judicial Review No. 100 of 2010, and painted an empty land devoid of people. Proposed townships and projects are accommodated within adjudication, so halting the process served no community interest and would perpetuate historical injustices against the people of Muthara/Ngare Mara.
Legal principles established
#- The Community Land Act did not repeal or oust the Land Adjudication Act and Land Consolidation Act, which continue to govern the ascertainment of rights in unregistered community land
- The Constitution must be interpreted holistically, reading provisions alongside and against each other
- Justice is to be administered without undue regard to procedural technicalities; formal defects in the request and Ministerial order under section 3 of the Land Adjudication Act do not invalidate a long-overdue adjudication
Court orders
#- 1.The Petition is dismissed
- 2.Costs awarded to the Respondents, 1st Interested Parties and 2nd Interested Party
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 165 of the Constitution (constitutional petition on land and community land issues)
Relief refused
#Declaration that establishing the adjudication section without consultation violated Articles 10(2), 60(2) and 63(3)
The court found the adjudication process was substantially participatory and the petition lacked merit
Declaration that constituting the Land Adjudication Committee was ultra vires
Committee members were elected by residents in a free and fair process presided over by officials
Orders of judicial review quashing the notice of 11th March 2016 and the constitution of the committee
Defects of a formal request and Ministerial order did not justify invalidating a long-overdue adjudication process benefiting the community
Compulsion of the 1st Respondent to re-declare the adjudication section and reconstitute the committee in consultation with the County Government
Adjudication process should continue as it is; the DLASO should ensure full compliance with the law going forward
Costs of the petition
Petition dismissed with costs to respondents and both interested parties
Costs
Petition dismissed with costs to the Respondents, the 1st Interested Parties and the 2nd Interested Party
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I find that the Community Land Act did not oust the application of the Land Adjudication Act and Land Consolidation Act in matters of adjudication.
My conclusion is that there were no formal request by the County Government and there was no formal order by the Minister to have the area declared as an adjudication section.
My findings are that the Adjudication Process should continue despite the shortcomings in compliance with Section 3 of the Land Adjudication Act.
I find that this Petition has no merits, the same is dismissed with costs to Respondents, 1st interested parties and 2nd Interested Party.
It therefore follows that the petition is properly before this court and petitioners have locus standi to institute these proceedings.
The allegation that there was no public participation is therefore unfounded.
Issues in the judgment
#The petition/case number is not stated anywhere in the judgment, and the date line reads 'THIS DAY OF 1st FEBRUARY, 2018' with no year of filing ascertainable
The judgment is internally inconsistent on the date of the notice declaring the adjudication section - the 1st Interested Party/Kengen passages refer to a notice dated 3rd May, 2016 while the dispute throughout concerns a notice of 11th March 2016
Internal contradiction: the 2nd Interested Party's submission asserts the Petitioner itself resolved to establish the adjudication section, which the court's outcome implicitly accepts, while the judgment also finds no formal request was made by the 1st Petitioner
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Meru & another v Land Adjudication and Settlement Officer, Tigania East Sub-County & another", Case Analysis (2018). null (petition number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4923/eng@2018-02-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.