Yaa v District Land Registrar Kilifi County (Petition 23 of 2022) [2023] KEELC 21694 (KLR) (16 November 2023) (Ruling)

Facts

Land parcel No. Chembe/Kibabamshe/283 was initially adjudicated in favor of the petitioner, Michael Kazungu Yaa. Without his knowledge, a third party fraudulently transferred it to his name and encroached on it. The petitioner complained to the National Land Commission (NLC).

Issues

1. Whether the respondent is under obligation to implement the decision of the NLC
2. Whether the refusal to implement the decision by the respondent constitutes a breach of the petitioner's constitutional rights
3. Whether the respondent should register the land parcel in the name of the petitioner and issue a certificate of title
4. Whether the respondent should cancel any title registered by the respondent in favor of anybody contrary to the decision of the NLC and the Chief Registrar
5. Whether the respondent should pay general damages for the petitioner's suffering and anguish

Reasoning

The court found that where another legal course is available, through which a matter can be properly decided and which can give an applicant the relief he seeks, such course should be pursued and the constitutional court should decline to determine a constitutional issue in such matter.

Outcome

Declined to determine a constitutional issue

Authorities cited