REPUBLIC, DAVID MUTISO LITU, MUTUA NDIKU & MICHAEL MUSYA NZIOKA (SUBSTITUTED FOR KATHITU MUOKA MATU (DECEASED) V. SPECIAL DISTRICT COMMISSIONER, MACHAKOS JOSHUA M. NTHENGE & JACKSON NZEKI

JUDGMENT OF THE COURT

This is an appeal from the ruling and orders of the High Court of Kenya at Machakos (Lenaola, J. as he then was), delivered on 18^th September, 2009 in which the appellants’ application seeking orders that the decision of the Special District Commissioner, Machakos dated 28^th October, 2003 and which was made on behalf of the Minister in-charge of land adjudication and settlement be brought to the court and quashed by way of Certiorari.

The brief background leading to the proceedings before the learned Judge were that land parcel No. 1369 hereinafter, “the suit land” was situate within Mbee Adjudication Section. During the adjudication process one, Ndumbi Nzeki instituted proceedings against the appellants before the Mbee Adjudication Committee claiming the suit land. The committee heard the claim and concluded that Ndumbi Nzeki was entitled to only that portion of suit land which he was cultivating and had built his houses but the remainder of the suit land would be…