Oyier v Deputy County Commissioner, Suba on behalf of the Minister for Lands & Settlement & another; Ogutu & another (Interested Parties) (Environment and Land Judicial Review Miscellaneous Application E003 of 2023) [2024] KEELC 1621 (KLR)
The bottom line
#A Kenyan High Court threw out a land adjudication decision because officials missed a 60-day appeal deadline and skipped proper hearing procedures.
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 applicant has established his claim to attract the orders of certiorari and prohibition sought in the application
Key legal issues
#Whether the 1st respondent acted ultra vires and without jurisdiction in rendering the decision of 22nd November 2022
Yes. The 1st respondent unprocedurally and unreasonably amended the hearing fixed for 2nd March 2022, delivered a decision that was statute-barred (the appeal having been filed out of the 60 days prescribed under section 26 of the Land Adjudication Act without leave), and therefore acted ultra vires and without jurisdiction.
The court found the appeal to the Minister was filed out of the 60-day period prescribed by section 26 of the Land Adjudication Act and without leave to file out of time. The hearing fixed for 2nd March 2022 was unprocedurally amended. These failings fell below the Article 47 standard of lawful, reasonable and procedurally fair administrative action, and deprived the 1st respondent of jurisdiction, rendering the decision a nullity liable to be quashed.
Whether the applicant was accorded procedural fairness under Article 47 and the Fair Administrative Action Act
No. The respondents failed to accord the applicant the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.
The court invoked Article 47(1) of the Constitution as operationalized by section 4 of the Fair Administrative Action Act, No. 4 of 2015. It relied on the audi alteram partem rule and the duty of courts and tribunals under Article 159(1) to hear parties. The unilateral amendment of the hearing date and the failure to accord a hearing on the ruling meant the process fell below the constitutional standard of procedurally fair administrative action.
Legal principles established
#- Judicial review is concerned with the legality of the decision-making process, not the merits of the decision.
- A decision-making body without jurisdiction renders a nullity, and a party who has not been heard is not bound.
- Lack of jurisdiction renders a decision of a court, tribunal or decision-making body null and void.
- Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.
Court orders
#- 1.An order of certiorari directed at the Deputy County Commissioner in charge of Suba-County, acting on behalf of the Minister for Lands and Settlement, quashing the decision read to the parties on 22nd November 2022 in respect of Land Parcel No. 706 in Kitawa Adjudication Section
- 2.An order of prohibition directed at the District Land Adjudication Officer in charge of Suba Sub-County and Kitawa Adjudication Section, prohibiting implementation of the Deputy County Commissioner's decision of 22nd November 2022, including registering the land in the names of the interested parties
- 3.Costs of the application provided for in favour of the applicant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 23(3)(f) of the Constitution of Kenya, 2010 - orders of judicial review (certiorari and prohibition); leave granted under Order 53 of the Civil Procedure Rules, 2010
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.
Wherefore, the application dated 8th May 2023 is merited. The applicant is deserving of the orders sought in the application. The same is hereby allowed in terms of orders 1, 2 and 3 sought in it as set out in paragraph 1 (a), (b) and (c) hereinabove.
It is therefore, the finding of this court that the 1st respondent unprocedurally and unreasonably amended the hearing coming up before him in respect of the dispute on 2nd March 2022.
The 1st respondent acted ultra vires as he had no jurisdiction to render the impugned judgment in the circumstances.
It is trite law that lack of jurisdiction renders a decision of a court or tribunal or a decision making body null and void
Judicial Review is not an appeal from a decision but a review of the decision-making process and the legality of the decision-making process itself.
Issues in the judgment
#The judgment does not set out its own case number; the case number field had to be derived from the description of the motion and the leave order rather than a stated title.
The respondent's name as drawn in the certiorari order (Deputy County Commissioner acting on behalf of the Minister for Lands and Settlement) is internally inconsistent with the suggestion in paragraph 6 that the Attorney General swore the replying affidavit on his behalf; the judgment does not resolve this.
The judgment states the applicant was not accorded a hearing, while the respondents and interested parties averred he participated; the court does not expressly reconcile this with its finding that the hearing was unprocedurally amended.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Oyier v Deputy County Commissioner, Suba on behalf of the Minister for Lands & Settlement & another; Ogutu & another (Interested Parties) (Environment and Land Judicial Review Miscellaneous Application E003 of 2023) [2024] KEELC 1621 (KLR)", Case Analysis (2024). Judicial Review application, Notice of Motion dated 8th May 2023 (Homa Bay High Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1621/eng@2024-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.