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ELCDismissedPetition dated 13th January 2017 (Nakuru)· [2018] KEELC 3619 (KLR)

Olojorai Company Limited v National Land Commission & another [2018] KEELC 3619 (KLR)

High Court of Kenya
13 March 2018
3,199 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court dismissed a land company's constitutional challenge, ruling the National Land Commission can gather information on disputed land without violating anyone's rights.

What this practically means

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Executive summary

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The petitioner, a land buying company, filed a petition seeking declarations that a letter dated 17th June 2015 by the National Land Commission (NLC) was an abuse of jurisdiction and unconstitutional, together with orders of certiorari to quash the letter and prohibition restraining the NLC from investigating or dealing with its properties, alleging violations of Articles 21, 40, 47 and 73 of the Constitution. The letter, addressed to the Governor of Nakuru County, constituted a committee to audit and profile genuine settlers/squatters on 'Oljorai Farm' following a meeting at the Ministry of Interior. The NLC countered that aggrieved members of the petitioner had sought its intervention in internal wrangles and that it had jurisdiction to monitor land management; the Attorney General argued the petition lacked precision and that the letter merely communicated a resolution of a long-standing dispute. The court held that the petitioner, alleging breach of an institutional right, bore the duty to establish ownership of the suit properties but produced only a purchase receipt, with no certificate of title, search or register extract despite the subdivision and titling process being well-documented. Applying the Anarita Karimi Njeru principle as restated in Mumo Matemu, the court found the petition lacked reasonable precision. The court further held that the letter merely sought information concerning settlers and did not threaten the petitioner's proprietary rights, and that the NLC acted within its functions under Section 5(2)(b) and Section 6(2) of the National Land Commission Act to gather information and hold inquiries. The petition was dismissed with each party bearing its own costs.

Key legal issues

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01

Whether the petitioner established ownership of the suit properties

Holding

The petitioner failed to establish ownership, producing only a receipt and no title documents

Reasoning

A land buying company claiming ownership of LR No. 9581 and LR 10242 and alleging infringement of its institutional rights had to prove those rights. The subdivision and issuance of titles is a documented process, yet the petitioner availed only a receipt for Kshs 10,000,000. Without a certificate of title, search or register extract, the court could not conclude that 'Oljorai Farm' was the suit property.

p. 6
02

Whether the 1st respondent acted outside its constitutional and statutory mandate

Holding

The letter of 17th June 2015, constituting a team to audit and profile settlers, fell within the Commission's functions and powers

Reasoning

Section 5(2)(b) of the National Land Commission Act empowers the Commission to monitor registration of all rights and interests in land, and Section 6(2) empowers it to gather information, hold inquiries and take measures to ensure compliance with land policy principles under Article 60(1). The letter merely sought information about settlers and did not suggest any effect on the registered proprietor's title.

p. 7
03

Whether the petition met the precision threshold

Holding

The petitioner failed to plead with precision how its rights were violated

Reasoning

Relying on the Anarita Karimi Njeru principle as restated in Mumo Matemu, a constitutional petition must define the dispute and particularise the manner of infringement. The petitioner merely asserted that the Commission's letter micromanaged its private property without demonstrating any concrete threat to its proprietary rights.

p. 7

Legal principles established

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  • A petitioner alleging breach of a constitutional right must plead with reasonable precision the manner of the alleged violation (Anarita Karimi Njeru rule)
  • A party claiming an institutional/proprietary right must establish that right with documentary evidence of title
  • The National Land Commission has power to gather information, hold inquiries and monitor registration of rights and interests in land, including over land claimed to be private, where no threat to proprietary rights is shown

Court orders

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  1. 1.The petition is dismissed
  2. 2.Each party to bear own costs

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 1, 2, 3, 4, 10, 19, 20, 21, 40, 47, 60(1), 64, 67(1), 67(2)(a), 67(2)(e), 67(3), 68, 73, 156(1)
  • Companies ActChapter 486, Laws of Kenya
  • National Land Commission ActNo. 5 of 2012, Sections 5(1)(e), 5(2)(b), 5(f), 5(h), 6(1), 6(2), 6(3)
  • Land Act2012, Part VIII
  • Fair Administrative Action Act2015, Section 5(1)

Cases cited (7)

  • Sceneries Ltd –vs- National Land Commission
    [2017] eKLR
  • Republic –vs- National Land Commission Ex-Parte Cecilia Chepkoech Leting & 3 others
    [2016] eKLR
  • Rodgers Mwema Nziku –vs- Attorney General & others
    Nairobi Petition No. 613 of 2006 (Unreported)
  • Francis Kirima M’Ikunyua –vs- Inspector General of Police & 3 others
    [2016] eKLR
  • Republic –vs- National Transport and Safety Authority & 10 others Ex-Parte James Maina Mugo
    [2015] eKLR
  • Mumo Matemu v Trusted Society of Human Rights Alliance & 5 others
    [2013] eKLR
  • Anarita Karimi Njeru
Jurisdiction invoked
Articles 21, 22, 40, 47, 67, 70 and 73 of the Constitution of Kenya, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Olojorai Company Limited v National Land Commission & another [2018] KEELC 3619 (KLR)", Case Analysis (2018). Petition dated 13th January 2017 (Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3619/eng@2018-03-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.