Placid View Properties Limited v National Land Commission & another; Kenya National Highways Authority & another (Interested Parties) [2020] KEELC 1087 (KLR)
The bottom line
#The High Court quashed the National Land Commission's revocation of Placid View Properties' land title because the company was never given notice or a fair hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the National Land Commission complied with fair administrative action requirements in revoking the applicant's title
The Commission failed to give the applicant notice of or a hearing at the review hearings, contrary to Article 47, the Fair Administrative Action Act, Section 14(3) of the NLC Act and the 2017 Regulations.
The impugned decision stated hearings were held on 27/3/2017 and the Gazette Notice indicated hearings from 30/1/2017 to 3/2/2017, but there was no evidence the applicant was invited to either. The hearings of 16/2/2016, 23/2/2016 and 29/7/2016 related to a complaint by Indian Spray Painters Ltd, not to a Section 14 review. The only invitation was for a hearing on 18/4/2017, which did not take place. The notice of 17/3/2017 could not logically serve hearings held earlier.
Whether certiorari is an appropriate remedy
Certiorari was appropriate because without it the investor would lose its investment without a hearing; however, certiorari does not resolve the substantive title dispute.
The impugned decision affected a developed parcel housing a hotel, and leaving it to stand would result in loss of investment without a hearing, contrary to Kenya's socio-economic philosophy. The Section 14 framework was enacted to ensure due process before revocation of title. But quashing the Gazette Notice does not settle ownership; the interested party may still ventilate its claim through available legal mechanisms.
Legal principles established
#- A public body revoking a land title must observe the rules of natural justice and give the affected party notice and a hearing before doing so
- Article 47 of the Constitution entrenches the right to fair administrative action and subjects administrative actions of state organs to the principle of constitutionality
Court orders
#- 1.An order of certiorari quashing Item Number 14 of Table 16 – Southern Bypass, contained in Gazette Notice No 6865, S/No 14, published on 17th July 2017, relating to Land Reference Number 209/12367, Nairobi
- 2.Parties shall bear their respective costs of this suit
- Jurisdiction invoked
- Judicial review jurisdiction under Order 53 of the Civil Procedure Rules and Article 47 of the Constitution (fair administrative action), by leave granted on 9/2/2018
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Placid View Properties Limited v National Land Commission & another; Kenya National Highways Authority & another (Interested Parties) [2020] KEELC 1087 (KLR)", Case Analysis (2020). Judicial Review Motion dated 27/2/2018 (amended 25/9/2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1087/eng@2020-10-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.