Republic v Attorney General & 2 others Ex parte Liston Mutuma Kiunga; Josphat David Mwilaria (Intersted party) [2021] KEELC 2637 (KLR)

Summary at a glance

Facts

The ex parte applicant filed an objection case against Zakayo M'Marimba, which was dismissed. The interested party later filed an application seeking to have the consent judgment set aside and to participate in the proceedings. The ex parte applicant then filed a mandamus application to compel the Land Adjudication Officer to register the land in his name.

Issues

• Whether the mandamus order to compel the Land Adjudication Officer to register the suit land in the ex parte applicant's name is warranted.
• Whether the consent judgment should be set aside and the interested party allowed to participate in the proceedings.

Reasoning

The court found that Moses Thuranira, who represented Zakayo M'Marimba in the objection case, had recanted his evidence two years after the case was dismissed. The court ruled that the Land Consolidation Act does not allow for an appeal after the objection cases are conducted.

Outcome

The ex parte applicant's mandamus application is dismissed.