Akiyda Two Thousand Limited v County Assembly of Kisumu; Allan Ojwang’ Ouma & 5 others (Interested Parties) [2019] KEELC 2640 (KLR)
The bottom line
#A Kenyan county assembly cannot cancel land titles or order people off land—that power belongs only to courts and the National Land Commission.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of county assemblies over land disputes
The Respondent acted without jurisdiction and beyond its powers in making findings directing the Applicant to stop development and vacate the alienated land.
Article 185 and Part 2 of the Fourth Schedule confer legislative authority and devolved functions including trade development and regulation of markets, but not power to determine ownership of alienated public land. That jurisdiction vests in the Environment and Land Court under Article 162(2)(b) and Section 13 of the ELC Act, and review of public land grants vests in the National Land Commission under Article 67 and Section 14 of the NLC Act.
Fair hearing / fair administrative action
The Respondent breached the Applicant's right to be heard by ignoring or failing to consider its response to the petition.
The Applicant responded by its advocates' letter dated 19th October 2016 enclosing title documents; although the Respondent denied receipt, the letter bore a faint receiving stamp and the court found on a balance of probabilities that it was received. The Joint Committee Report made no reference to that response or the ownership documents, denying the Applicant an opportunity to be heard contrary to fair administrative action standards.
Proper forum for historical land injustices
The Joint Committee should have referred the petition to the National Land Commission rather than make its own recommendations.
The NLC County Coordinator's letter confirmed the parcel was alienated land allocated by the Commissioner of Lands, and the Joint Committee itself acknowledged that Schedule Four does not fully devolve land issues. The court found that observation sound and held the Committee should have recommended referral to the NLC for action including review of the grant or compulsory acquisition.
Legal principles established
#- A county assembly has no jurisdiction to cancel or revoke title to alienated public land; that jurisdiction rests with the Environment and Land Court and the National Land Commission.
- A decision-making body must consider responses and representations made by affected parties; failing to do so breaches the right to be heard.
Court orders
#- 1.An order of certiorari calling into the court and quashing the recommendations made against the Applicant by the Respondent's Joint Committee in the Report dated 24th October 2016 (prayer 5 only).
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act No. 19 of 2011; motion brought under Order 53 Rule 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act (Cap 21)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Akiyda Two Thousand Limited v County Assembly of Kisumu; Allan Ojwang’ Ouma & 5 others (Interested Parties) [2019] KEELC 2640 (KLR)", Case Analysis (2019). Judicial Review Application (notice of motion dated 3rd October 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2640/eng@2019-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.