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ELCPartially AllowedJudicial Review Application dated 26/2/2025· [2025] KEELC 6761 (KLR)

Republic v County Land Adjudication & Settlement Officer, Trans Nzoia County & another; Lokwawi & another (Interested Parties); Korii (Ex parte) (Environment and Land Judicial Review Case E002 of 2025) [2025] KEELC 6761 (KLR)

Environment and Land Court
8 October 2025
2,538 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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A Kenyan court quashed a land officer's decision to subdivide a settler's plot because he was never told the complaint against him or given a fair hearing.

What this practically means

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Executive summary

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The exparte applicant, Samson Totel Korii, sought judicial review orders of certiorari, prohibition and mandamus against a decision of the Trans Nzoia County Land Adjudication and Settlement Officer made on 20/11/2024, subdividing Plot No. 263 Kanyarkwat Settlement Scheme (5 acres) between him and the interested parties. The applicant had been allocated the plot by letter of offer dated 23/3/2021 at Kshs. 25,300/=, paid the full consideration, and taken vacant possession. He was summoned by a letter of 12/11/2024 over a complaint of undisclosed particulars by the 1st interested party, and on appearance the officer directed subdivision at a ratio of 2 to 3 acres without reasons, allegedly coercing him to sign an agreement. The 2nd interested party, Elizabeth Akiru Lokwawi, opposed, claiming 30 years' occupation and alleging the applicant fraudulently obtained the ownership documents. The court held that judicial review examines the decision-making process, not merits. It found the 1st respondent did not avail the nature of the complaint or proceedings as required by the Fair Administrative Action Act, and that varying the letter of offer midstream without reasons offended Articles 40, 47 and 50 of the Constitution. Denial of the right to be heard rendered the decision null and void. Certiorari and prohibition issued; mandamus was refused as framed. Costs were awarded to the applicant.

Key legal issues

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01

Fair administrative action and notice under Section 4(3) of the Fair Administrative Action Act

Holding

The 1st respondent failed to give the applicant notice of the nature and reasons for the complaint and decision, and no opportunity to respond, breaching Articles 47 and 50 and Section 4(3)(a) and (b) of the Fair Administrative Action Act

Reasoning

The court found that the respondent did not avail the nature of the complaint, the date, the manner of hearing, or the proceedings as required by the Fair Administrative Action Act. Administrative action adversely affecting rights requires prior, adequate notice of the nature and reasons for the decision and an opportunity to be heard. Absent this, the proceedings and decision were arbitrary and unconstitutional.

p. 5
02

Denial of fair hearing renders decision null and void

Holding

Violation of natural justice vitiates the decision irrespective of whether the same result would have been reached

Reasoning

Relying on General Medical Council vs Spackman and Onyango Oloo vs Attorney General, the court held that a violation of natural justice cannot be cured by showing the same decision would have been reached fairly; denial of the right to be heard renders the resultant decision null and void.

p. 4
03

Legitimate expectation and property rights upon compliance with the letter of offer

Holding

Upon full payment and taking vacant possession, the applicant acquired rights which could not be arbitrarily varied without reasons

Reasoning

The court held that the doctrine of legitimate expectation safeguards against arbitrariness; having complied with the letter of offer, the applicant was entitled to issuance of the discharge of charge under the repealed Agriculture Act, and the respondents' unilateral variation of the offer letter offended Articles 40, 47 and 50.

p. 5

Legal principles established

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  • Judicial review is concerned with the decision-making process, not the merits of the decision
  • Once an applicant meets the terms and conditions of an offer letter, the respondent cannot vary it midstream without giving reasons; doing so offends Articles 40, 47 and 50 of the Constitution
  • Certiorari simply quashes a decision and leaves the decision-maker free to decide what steps to take next

Court orders

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  1. 1.An order of certiorari quashing the decision of the Trans Nzoia County Land Adjudication and Settlement Officer made on 20/11/2024 to subdivide Plot No. 263 Kanyarkwat Settlement Scheme
  2. 2.An order of prohibition stopping the respondents from effecting the said subdivision decision
  3. 3.Costs to the applicant
Jurisdiction invoked
Articles 23, 40, 47 and 50 of the Constitution; Fair Administrative Action Act; orders of certiorari, prohibition and mandamus

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v County Land Adjudication & Settlement Officer, Trans Nzoia County & another; Lokwawi & another (Interested Parties); Korii (Ex parte) (Environment and Land Judicial Review Case E002 of 2025) [2025] KEELC 6761 (KLR)", Case Analysis (2025). Judicial Review Application dated 26/2/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6761/eng@2025-10-08

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.