Republic v National Land Commission & 2 others Ex-Parte Almer Farm Limited [2020] KEELC 470 (KLR)
The bottom line
#A company lost its land dispute case because it skipped the required 28-day appeal process and went straight to court instead.
What this practically means
#Executive summary
#Key legal issues
#Whether the judicial review application was properly before court given the existence of a statutory appeal under Regulation 29 of the NLC Regulations
The application was improperly before the court as the applicant should have exhausted the appeal mechanism within 28 days of the gazettement
The court found that the NLC's decision was gazetted on 1/3/2019 and the judicial review was filed on 27/3/2019, within the window for the prescribed appeal. Citing Speaker of National Assembly v Karume and Geoffrey Muthinja Kabiru, the court held that where a specific procedure is provided for redress, that procedure must be strictly followed. Judicial review is not an appeal and cannot substitute the prescribed appellate route.
Whether Abraham Kiptanui was accorded a fair hearing
The court declined to determine this issue as Kiptanui is not a party to the proceedings; only he as a natural person may complain of violations of his rights
The applicant relied on Salomon v Salomon to argue its distinct personality, but the 3rd respondent turned that argument on its head, submitting that the company cannot litigate on behalf of its director. The court agreed, holding that a claim of violation of a director's personal rights can only be raised by the director himself, who is not the ex-parte applicant.
Legal principles established
#- Where a specific procedure for redress is prescribed by statute, it must be strictly followed before resorting to the court
- A company is a legal person distinct from its subscribers/directors and cannot litigate a director's personal grievances
Court orders
#- 1.The notice of motion dated 9/4/2019 is struck out with costs to the 1st and 3rd respondents only
- Jurisdiction invoked
- Judicial review jurisdiction of the Environment and Land Court under the Fair Administrative Action Act and the Law Reform Act; NLC's mandate under Article 67(1)(e) of the Constitution and Section 15 of the National Land Commission Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v National Land Commission & 2 others Ex-Parte Almer Farm Limited [2020] KEELC 470 (KLR)", Case Analysis (2020). Judicial Review Notice of Motion dated 9/4/2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/470/eng@2020-12-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.