Musango & 3 others v Deputy County Commissioner Makindu Sub-County, Makueni County; Siva & 7 others (Interested Parties) (Civil Appeal 105 of 2019) [2025] KECA 499 (KLR) (21 March 2025) (Judgment)

Facts

There was a dispute over parcels 1303, 1281, and 1204 in Makueni County between the late Simon Musango Mwandau and the late Kasio Siva. The Deputy County Commissioner of Makindu determined that the parcels belonged to the late Kasio Siva. The appellants, as legal representatives of the estate of the deceased Simon Musango Mwandau, sought to challenge the Deputy County Commissioner's decision.

Issues

1. certiorari to remove and quash the Deputy County Commissioner's decision
2. prohibition against acting on the decision
3. quashing previous decisions by the Land Adjudication Officer and registering the parcels in the name of the deceased Simon Musango Mwandau

Reasoning

The appeal is allowed because the learned judge erred in dismissing the substantive motion on the basis of a preliminary objection that the motion was brought after the expiry of six months, and the six months limitation period only applies to the order for certiorari.

Outcome

The appeal is allowed, and the orders contained in the ruling delivered on 18th January 2019 are set aside.

Authorities cited