Kalume Deri Mumbo v District Surveyor Kilifi & 2 others [2015] KEELC 646 (KLR)

Facts

The Applicant, Kalume Deri Mumbo, has lived on the suit property since 1938. He claims inheritance and ancestral rights to the land, which was declared an adjudication section in 1993. The Respondents, District Surveyor Kilifi and Registrar of Lands, Kilifi, implemented a decision by the Minister to subdivide plot number 458.

Issues

1. Whether the Respondents can implement the Minister's decision to subdivide plot number 458.
2. Whether the Applicant can obtain a mandamus order to compel the 2nd Respondent to release the title deed for the entire plot number 458 Mwapula/Magogoni.

Reasoning

The Court of Appeal in Kenya National Examination Council v. Geofrey Gathenji Njoroge & 9 others established that an order of prohibition or mandamus cannot quash what has already been done. The only options available to the Applicant were to file an appeal or pray for the quashing of the decision, neither of which was done.

Outcome

Dismissed with costs

Authorities cited