Mohammed Kasim Mohamud & another v National Land Commission & 3 others [2019] KEELC 3485 (KLR)
The bottom line
#A Nairobi court blocked the National Land Commission from revoking an Eastleigh landowner's title, protecting buyers whose ownership rests on completed court orders.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicants met the threshold for the grant of conservatory orders pending the hearing and determination of the Petition
Yes. The Applicants are the registered owners, have invested heavily (a seven-storey building with 35 apartments), acquired title from a party vested with title by court order which was never reversed, and face serious consequences if the Gazette Notice directive to revoke their indenture is effected.
The court noted the suit property is registered in the Applicants' names and that they have constructed a seven-storey building. The Applicants bought from Ndirangu Karanja, in whom the High Court vested title on 25th October 2006; the pending suit was dismissed on 8th December 2010 and attempts to set aside that dismissal failed. The National Land Commission's directive was issued without regard to those completed court proceedings. The court found a prima facie case and that the Application had merits.
Whether the court has jurisdiction to entertain the petition challenging the 1st Respondent's directive
Yes. The 1st Respondent's contention that its decision was not amenable to challenge and that jurisdiction was not properly invoked was rejected.
The 1st Respondent argued no reviewable decision existed, jurisdiction was not properly invoked, and an appeal lay to the Environment and Land Court instead. The court, having found that the directive was arrived at without considering completed court proceedings and that serious consequences would flow from revocation, expressly affirmed its own jurisdiction and entertained the application on the merits.
Legal principles established
#- A registered owner who acquired title from a party in whom a court had vested title, and whose underlying litigation was dismissed, has a prima facie case warranting conservatory orders against administrative revocation of title.
- The Environment and Land Court has jurisdiction to entertain a petition challenging a National Land Commission directive on revocation of title notwithstanding the pendency of the petition.
Court orders
#- 1.Conservatory Order staying the 1st Respondent's directive in Table 1 of Kenya Gazette Notice No. 6862 dated 17th July, 2017 upholding the indenture held by Mwathi Kitheka and directing the 2nd Respondent to revoke the indenture held by the Petitioners over L.R No. 36/VII/436 Nairobi, pending the hearing and determination of the Petition
- 2.Conservatory Order restraining the 2nd Respondent or any other Registrar, employee, agent or assign from revoking, cancelling, entering any restriction on or dealing adversely with the indenture held by the Petitioners over L.R No. 36/VII/436 Nairobi, pending the hearing and determination of the Petition
- 3.Injunction restraining the 3rd and 4th Respondents or their representatives, agents, employees or assigns from interfering with, harassing, intimidating, threatening or evicting the Petitioners (including their tenants, agents and servants) from the suit property or dealing with it, pending the hearing and determination of the Petition
- 4.The Petitioners be at liberty to apply for further directions and orders
- 5.Costs of the application provided for (prayer 9 allowed)
- Jurisdiction invoked
- Original constitutional/land jurisdiction of the Environment and Land Court over the petition challenging the 1st Respondent's Gazette Notice directive; the court held 'This Court has jurisdiction to entertain the petition.'
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohammed Kasim Mohamud & another v National Land Commission & 3 others [2019] KEELC 3485 (KLR)", Case Analysis (2019). Not stated in the judgment (Notice of Motion dated 24th October, 2018 within a Petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3485/eng@2019-04-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.