Kikuvi & 2 others v Musyoka (Suing as the Legal Representative of the Estate of the Late Johnson Musyoka Lavu - Deceased) (Civil Appeal 641 of 2019) [2025] KECA 1476 (KLR) (12 September 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1476
- Citation
- [2025] KECA 1476 (KLR)
- Decided
- 12 September 2025
The learned Judge was right in finding that there was no evidence to show that any of the Lavu family members were heard by the Minister before he made his decision. The Petitioner’s right to have the dispute concerning the suit land decided in a fair and public hearing before an independent and impartial tribunal or body was therefore violated.
Facts
The Land Adjudication Committee in 1975 found that Tumbo Lavu had bought a portion of the property and ordered that the properties be shared among the four wives of Lavu Ngao. Tumbo Lavu died before the appeal could be heard, and Johnson Musyoka Lavu substituted him. The District Commissioner, on behalf of the Minister, implemented the 1975 decision in 2012, but Kimeu Musyoka, the respondent, was not informed until 2016.
Issues
- Whether the ELC erred in nullifying the decision of the Minister made under the Land Adjudication Act
- Whether the respondent’s constitutional right to fair hearing was violated
Reasoning
The hearing and ruling took place after Johnson Musyoka Lavu’s death, and there was no evidence of any hearing or agreement between the parties.
Outcome
The appeal is dismissed with costs to the respondent.
Authorities cited
Legislation (2)
- Land Adjudication Act
- Constitution of Kenya
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