Republic v Chairman National Land Commission & 5 others Ex Parte Cordison International (K) Limited [2018] KEELC 3240 (KLR)
The bottom line
#A Kenyan court confirmed that county governments cannot allocate public land directly - only the National Land Commission can, so Cordison's claim failed.
What this practically means
#Executive summary
#Key legal issues
#Relative roles of the County Government and the National Land Commission in allocating public land
Administration of county public land is by the NLC on behalf of the County Government; the County Government cannot allocate the land itself and direct the NLC
Article 62(2) vests unalienated public land in the County Government to hold in trust, but Article 62(3) provides it shall be administered on the County's behalf by the NLC. The Supreme Court's Advisory Opinion in the matter of the NLC held the Commission independent and not an agent of either level of government. Sections 8, 12 and 14 of the Land Act assign management and allocation of public land to the NLC. The County Government's purported allocation and PDP were therefore unprocedural and illegal.
Whether the allocation to the 1st Interested Party was lawful
The allocation followed the prescribed process under Sections 12 and 14 of the Land Act and Article 62
Kenwind applied to the NLC; the application was referred to the Lamu County Assembly which approved it on 22nd July 2015; the NLC's Land Administration committee approved the allocation; notice under Section 14(1) of the Land Act was published inviting public comments; objections were considered before the Letter of Allotment issued on 7th February 2017. The Court found no ultra vires act, abuse of power or breach of natural justice.
Whether judicial review orders were warranted
No evidence of breach of natural justice or abuse of power; the Motion fails
Judicial review remedies target procedural impropriety, illegality and irrationality. The Court found the Applicant's allocation claim rested on an invalid allocation by the County Government, and the Respondents' process complied with the Land Act and the Fair Administrative Action Act requirements, so certiorari, mandamus and prohibition could not issue.
Legal principles established
#- Public land vested in a County Government under Article 62(2) is administered on the County's behalf by the National Land Commission; a County Government cannot itself allocate such land and direct the NLC to issue documents
- The National Land Commission is an independent Commission not subject to direction or control by any person or authority and is not an agent of the National or County Government
- Sections 12 and 14 of the Land Act empower the National Land Commission to allocate public land on behalf of the National and County Governments subject to the prescribed procedure
Court orders
#- 1.The Motion dated 22nd May 2017 is dismissed
- 2.Costs of the application awarded to the Respondents
- Jurisdiction invoked
- Judicial review under Order 53 of the Civil Procedure Rules and Sections 8 and 9 of the Law Reform Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Chairman National Land Commission & 5 others Ex Parte Cordison International (K) Limited [2018] KEELC 3240 (KLR)", Case Analysis (2018). Judicial Review Motion dated 22nd May 2017 (Malindi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3240/eng@2018-05-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.