Kemei & another v Kirui (Environment & Land Case 51 of 2016) [2018] KEELC 3899 (KLR)
The bottom line
#A Kenyan court threw out a buyer's land claim because no Land Control Board consent was obtained, confirming only the purchase price can be refunded.
What this practically means
#Executive summary
#Key legal issues
#Validity of the sale of agricultural land without Land Control Board consent
The sale was void ab initio under section 6(1) of the Land Control Act for want of consent within six months, and equity cannot be invoked to salvage it.
The court found it common ground that no consent was obtained within the six-month statutory period, so the sale became null and void. Relying on the Court of Appeal in David Sironga Ole Tukai, the court held that express statutory provisions cannot be overridden under the guise of equity. The sole statutory remedy is recovery of the purchase price under section 7, already effected, and further payments would breach section 22.
Whether the suit should be struck out under Order 2 Rule 15
Yes; the suit disclosed no viable claim as the transaction was void and the purchase price refunded, so it was struck out with costs.
Since the transaction was void and the plaintiffs' only remedy (recovery of the purchase price) had been satisfied, the suit disclosed no reasonable cause of action. The defendant's Notice of Motion dated February 21, 2018 therefore had merit and the suit was struck out with costs to the defendant.
Legal principles established
#- A controlled dealing in agricultural land without Land Control Board consent within six months is void for all purposes and cannot found a claim for general damages; the only remedy is recovery of the purchase price as a debt.
Court orders
#- 1.The plaintiffs' suit is struck out with costs to the defendant.
- Jurisdiction invoked
- Original civil jurisdiction; application under Order 2 Rule 15 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kemei & another v Kirui (Environment & Land Case 51 of 2016) [2018] KEELC 3899 (KLR)", Case Analysis (2018). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3899/eng@2018-04-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.