Republic v Deputy County Commissioner Kitui West Sub-County & another Exparte Nyiva Kitema Wangombe [2019] KEELC 872 (KLR)

Summary at a glance

Facts

The Ex-parte Applicant is the registered and legal owner of Parcel No. 600 Musengo Adjudication Section, which she inherited from her deceased husband. The Deputy County Commissioner Kitui West Sub-County ruled to sub-divide the property between the Applicant and the 2nd Respondent on November 5, 2015. The 2nd Respondent filed an appeal to the Minister within 60 days but did so in 1991, seven years after the Land Adjudication Officer's decision.

Issues

• Whether the 1st Respondent's decision to sub-divide the property was made without jurisdiction.
• Whether the 1st Respondent's decision was irrational and unreasonable.

Reasoning

The court held that the 2nd Respondent failed to file an appeal within the statutory 60-day period, thus the 1st Respondent's decision was made without jurisdiction.

Outcome

The Ex-parte Applicant's Notice of Motion was allowed.

Orders

• An order of mandamus to remove into this Honourable Court and compel the 1st Respondent to review his decision.
• An order of prohibition directed at 1st and 2nd Respondents to prohibit evicting or taking any action on the suit property that interferes with the Ex-parte Applicant's quiet possession.

Remedies

• Quashing of the 1st Respondent's decision to sub-divide the property.
• Prohibition on evicting or taking any action on the suit property that interferes with the Ex-parte Applicant's quiet possession.

Authorities cited