Benedict Kilemi M’ithinyai v Joseph Ngituyu & another [2021] KEELC 783 (KLR)

Facts

The appellant sued the respondents to restrain them from entering and destroying vegetation and trees on his Parcel No. 3625 & 142 Antuamburi Adjudication Section. The respondents denied the claim and alleged they had lawfully bought and got transferred their portions in 1986 and 1991 respectively.

Issues

1. Whether the court has power to entertain suits as held in William Onginjo Kenga –vs- Eric Mawira [2000] eKLR, Peter Ndirangu Muchemi –vs- Asiemo Ndatho Marenge [2018] eKLR, Nicholas Tukei –vs-Chepochepkatug Loyeruk & 2 Others eKLR.
2. Whether the consent order issued by the land adjudication officer had no basis in law.
3. Whether the court can determine any complaints against an adjudication officer who has acted outside the law.

Reasoning

The court finds that the consent order issued by the land adjudication officer had a basis in law and the court can determine any complaints against an adjudication officer who has acted outside the law.

Outcome

Appeal allowed

Authorities cited