K. M. A Langata Residents Welfare Association & another v Kenya Medical Associateion Housing Co-operative Society Limited & 8 others [2020] KEELC 805 (KLR)
The bottom line
#The Environment and Land Court protected 112 Langata homeowners from eviction or demolition pending trial, confirming it can hear disputes over the validity of issued titles.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Environment and Land Court over the petition
The preliminary objection lacked merit; the Land Act provisions invoked apply to unlawful occupation of public land, whereas here the validity of issued titles is in dispute, which the court can determine
The National Land Commission argued the court could only exercise supervisory or appellate jurisdiction under Sections 152F and 155(9), (10) and (11) of the Land Act. The court held those provisions govern unlawful occupation of public land without right or licence. Here the applicants hold titles issued by the Department of Lands and what is disputed is the validity of those titles, a matter within the court's jurisdiction. The objection was rejected, citing the principle that a court without jurisdiction must down its tools.
Whether conservatory orders should issue pending the hearing of the petition
Conservatory orders were granted preserving the titles, developments and occupancy of the suit properties, together with an order against disposition or charging of the titles
Applying the Supreme Court's criteria in Gatirau Peter Munga, the court considered the inherent merit and public interest. It noted that the mother title and sub-titles were registered and issued by the Department of Lands and the estate of 112 maisonettes is occupied. The court found real danger that occupants might be evicted and the units demolished in a demolition exercise before the dispute is heard, and therefore granted the conservatory orders and gave directions for quick disposal of the petition.
Legal principles established
#- Where a preliminary objection raises the question of jurisdiction, it must be disposed of first, because if it succeeds the court is obliged to down its tools
- The supervisory and appellate jurisdiction under Sections 152F and 155(9)-(11) of the Land Act applies to unlawful occupation of public land without right or licence, and does not bar a petition challenging the validity of titles issued by the Department of Lands
- Conservatory orders are granted on the inherent merit of a case, bearing in mind the public interest, constitutional values and proportionate magnitudes, and are not tied to the interlocutory injunction tests of irreparable harm or probability of success
Court orders
#- 1.The 5th respondent's preliminary objection dated 8/7/2020 is dismissed for lack of merit
- 2.Pending the hearing and determination of the petition, a conservatory order is issued preserving the titles, developments and occupancy relating to all the properties listed in Paragraph 8 of the petition
- 3.Pending the hearing and determination of the petition, there shall be no disposition or charging of any of the titles listed in paragraph 8 of the petition
- 4.Costs of the preliminary objection and the application shall be in the cause
- Jurisdiction invoked
- Articles 22, 23, 40 and 258 of the Constitution (public interest litigation; conservatory orders under Article 23(3)(c))
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "K. M. A Langata Residents Welfare Association & another v Kenya Medical Associateion Housing Co-operative Society Limited & 8 others [2020] KEELC 805 (KLR)", Case Analysis (2020). Petition dated 29/6/2020 (number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/805/eng@2020-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.