Republic National Land Commission & another Ex Parte Joseph Mungai Gichuru & another [2020] KEELC 1041 (KLR)
The bottom line
#Kenya's Land Commission can revoke titles to land once reserved for public use, even after several sales, if buyers knew of the reservation.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the NLC to review grants over land alleged to have originally been public land
The NLC had jurisdiction to review the grants
Section 14(1) of the NLC Act gave the NLC a five-year mandate to review grants or dispositions of public land to establish their propriety or legality. Where land was once public land converted to private hands, the Commission may query the conversion process. The Leting decision relied on by the Applicants was no longer good law as its proceedings were set aside.
Whether the Applicants were afforded a hearing
The Applicants were afforded an opportunity to be heard
The inquiry was advertised in the press; the Applicants engaged a lawyer who made written submissions and they fully participated after their petition was dismissed. Natural justice was satisfied.
Whether the Applicants were bona fide purchasers for value without notice
They were not; they had notice of the nursery school reservation
As fourth purchasers they were given a copy of the grant whose condition No.5 expressly reserved the land for a nursery school, yet they proceeded to convert it to residential use. They cannot invoke section 14(7) protection.
Legal principles established
#- The National Land Commission's mandate under section 14 of the NLC Act extends to investigating how public land was converted to private land
- A purchaser with notice of a reservation defect cannot claim the protection of section 14(7) of the NLC Act as a bona fide purchaser
Court orders
#- 1.The Ex-parte Applicants' Notice of Motion dated 26th April 2019 is dismissed
- 2.Costs to the interested party
- Jurisdiction invoked
- Judicial review jurisdiction of the Environment and Land Court; contravention of Articles 2, 10, 19, 20, 24, 25, 27, 28, 40, 47, 64, 67 and 259 of the Constitution and the National Land Commission Act No. 5 of 2012 and Fair Administrative Action Act No. 4 of 2015
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic National Land Commission & another Ex Parte Joseph Mungai Gichuru & another [2020] KEELC 1041 (KLR)", Case Analysis (2020). ELC JR 5 OF 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1041/eng@2020-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.