DOMINIC MUSEI IKOMBO V. KYULE MAKAU

JUDGMENT OF THE COURT

1. This appeal is the culmination of an old land dispute which started in the mid 1970s in respect of Land Parcel No. 2246 Mitamboni Adjudication section between the families of Kaloki Nzau and Kyule Makau Kaloki. The land was subjected to the adjudication process pursuant to the Land Adjudication Act, with the dissatisfied parties filing an appeal to the Minister in Land Case No. 109 of 1987. The appeal was heard by the District Commissioner pursuant to powers delegated to him by the Minister under Section 35 of the Land Adjudication Act.

2. From the record before the Court, the dispute was heard on the 2nd April, 2012. The findings/ruling of the District Commissioner was signed and dated on 27th April, 2012. In his ruling, the District Commissioner dismissed the ruling of the Adjudication Officer and directed the District Surveyor to subdivide the land into two equal parts to be transferred to Kavuu and Wayua respectively.

3. Although that Ruling is dated 27th Apr…