Abdulkarim Saleh Muhsin & another v National Land Commission & 2 others [2020] KEELC 796 (KLR)
The bottom line
#Kenya's National Land Commission cannot revoke your land title without first giving you notice and a chance to be heard—decisions made otherwise are void.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petitioners were accorded a fair hearing before the National Land Commission revoked their title
The determination of 28th April 2017 was made without hearing the Petitioners, violating Articles 47 and 50 of the Constitution, Section 14 of the National Land Commission Act and the Fair Administrative Action Act
The proceedings of the Commission did not mention the Petitioners, who were the registered proprietors. No evidence was produced showing the Petitioners were informed of the hearing dates of 29th August 2014 and 13th February 2015 or given access to documents. The 1st Respondent filed no response denying the allegations. Natural justice required notice and an opportunity to be heard; being condemned unheard rendered the determination a nullity.
Whether the Judicial Review Application for mandamus to enforce the Commission's directive could succeed
The application failed because the decision it sought to enforce was a nullity
The mandamus sought to compel the Chief Land Registrar to implement the Commission's directive contained in the Kenya Gazette. Since the Petition succeeded on the ground that the determination was arrived at without hearing the registered owners, the underlying decision was null and void ab initio and there was nothing lawful for the Registrar to be compelled to implement.
Legal principles established
#- Where an administrative action is likely to adversely affect the rights or fundamental freedoms of any person, the administrator must give prior and adequate notice and an opportunity to be heard before making the decision
- A decision made in breach of the rules of natural justice is a nullity notwithstanding that the same result might have been reached on the merits
Court orders
#- 1.A declaration that the Determination made by the 1st Respondent on 28th April 2017 in respect of land known as L.R. No. 337/1884 was null and void ab initio
- 2.A declaration that the Petitioners are the lawful owners of land known as L.R. No. 337/1884
- 3.A permanent injunction against the Respondents by themselves or any person claiming under them from interfering or dealing in any way with L.R. No. 337/1884
- 4.Dismissal of Machakos Judicial Review Application number 7 of 2019
- 5.The 1st Respondent (National Land Commission) to pay the costs of the two suits
- Jurisdiction invoked
- Constitution of Kenya, 2010 - petition alleging violation of Articles 47 and 50 (fair administrative action and fair hearing), read with Section 14 of the National Land Commission Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abdulkarim Saleh Muhsin & another v National Land Commission & 2 others [2020] KEELC 796 (KLR)", Case Analysis (2020). Petition dated 23rd September 2019 (consolidated with Machakos Judicial Review Application No. 7 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/796/eng@2020-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.