Chania Travellers Co-operative Savings and Credits Society Limited v Attorney General & 3 others; Daniel Timothy Muriuki & 3 others (Interested Parties) [2019] KEELC 933 (KLR)
The bottom line
#The High Court dismissed a landowner's bid to quash the National Land Commission's title revocation, confirming the Commission can review land originally allotted as public land.
What this practically means
#Executive summary
#Key legal issues
#Whether the National Land Commission had jurisdiction over the suit property
The Commission had jurisdiction because the land, though now leasehold and privately registered, was originally public land allotted to private parties, and Section 14 of the NLC Act permits review of grants and dispositions of public land.
The Court applied Section 14 of the National Land Commission Act and the decision in Republic v National Land Commission Exparte Muktar Saman Olow, holding that the Commission's mandate extends to probing the process by which public land was converted to private land. The leasehold character of the suit property did not oust the Commission's jurisdiction. The County Government's representative was present at the hearing and no objection was shown.
Whether the Applicant was accorded a fair hearing
Yes - the Applicant was notified, attended, was represented by counsel, sought adjournments and failed to avail documents, so it was not condemned unheard.
The Court examined the proceedings before the Commission showing the Applicant's advocates appeared on several dates, sought adjournments and filed documents. The Applicant's own affidavit conceded notice of the hearing and the Chairman's attendance. The Commission complied with Section 14(3) of the NLC Act and the rules of natural justice.
Whether the Applicant established grounds for certiorari and prohibition
No. Having found no ultra vires act and no breach of natural justice, the threshold for judicial review orders was not met.
Relying on the process-focused nature of judicial review per Municipal Council of Mombasa v Republic and Yaya Towers, the Court held that where the decision-maker had jurisdiction and gave a hearing, certiorari and prohibition are unavailable. The Applicant was thus not deserving of the orders sought and the Notice of Motion was dismissed with costs.
Legal principles established
#- Judicial review is concerned only with the decision-making process, not the merits of the decision.
- A leasehold over land that was originally public land falls within the National Land Commission's review jurisdiction under Section 14 of the National Land Commission Act.
- Certiorari issues where a decision is made without or in excess of jurisdiction or in breach of natural justice.
Court orders
#- 1.Dismissal of the Notice of Motion dated 1st September 2017
- 2.Costs of the proceedings to the Respondents and the 4th Interested Party
- Jurisdiction invoked
- Judicial review jurisdiction of the High Court (orders of certiorari and prohibition); Article 67 of the Constitution and the National Land Commission Act considered
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chania Travellers Co-operative Savings and Credits Society Limited v Attorney General & 3 others; Daniel Timothy Muriuki & 3 others (Interested Parties) [2019] KEELC 933 (KLR)", Case Analysis (2019). Judicial Review Application (Notice of Motion dated 1st September 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/933/eng@2019-11-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.