Mohamed Abdi Osman v National Land Commission [2020] KEELC 1157 (KLR)
The bottom line
#The court dismissed a landowner's compensation claim because he could not prove registered ownership and did not sue the road authority that owed the money.
What this practically means
#Executive summary
#Key legal issues
#Locus standi
The petitioner lacked locus standi because the unregistered transfers of 2019 did not restore him as registered proprietor; the official search showed Samuel Mwangi Makome as registered owner from 1st September 2016.
The court accepted that the petitioner had proprietary interest when suit was filed on 23rd June 2016, but the properties were sold by public auction on 20th July 2016 and transferred to Samuel Mwangi Makome on 1st September 2016. The transfer annexed to the petitioner's further affidavit, dated 25th March 2019, was not registered, so the petitioner failed to demonstrate registered ownership or any proprietary interest conferring standing.
Proper acquisition and entitlement to compensation
Although the gazette notice of 22nd January 2016 revoking titles and surrendering 7 metres was not disputed, the claim against the NLC could not succeed because the acquiring body, Kenya Urban Roads Authority, was not a party and had not deposited compensation funds with the Commission.
Section 111(1A) of the Land Act requires the acquiring body to deposit compensation funds with the Commission before acquisition. KURA was the acquiring body on whose behalf NLC acted, and it was essential to confirm whether funds had been deposited. The respondent's application to enjoin KURA was dismissed, and the court found the omission fatal to the petitioner's claim for compensation.
Uncommissioned replying affidavit
The replying affidavit of Brian Ikol, though not commissioned as required by the Oaths and Statutory Declarations Act, was relied on under Article 159(2)(d) of the Constitution rather than expunged.
The court noted the defect but held that under Article 159(2)(d) it must administer justice without undue regard to technicalities, and that no prejudice would be occasioned to the petitioner by relying on the affidavit as filed.
Legal principles established
#- A petitioner claiming compensation for compulsory acquisition must demonstrate a proprietary interest in the suit land at the material time to have locus standi.
- Under section 111(1A) of the Land Act, the acquiring body must deposit compensation funds with the National Land Commission before acquisition; the Commission cannot pay compensation without those funds.
- Failure to enjoin the acquiring body (Kenya Urban Roads Authority) in a compensation claim against the National Land Commission is fatal to the petition.
Court orders
#- 1.The petition is dismissed.
- 2.Each party to bear own costs.
- Jurisdiction invoked
- Articles 19, 20, 21, 22, 23 and 24 of the Constitution of Kenya 2010 (contravention of Articles 40 and 47)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohamed Abdi Osman v National Land Commission [2020] KEELC 1157 (KLR)", Case Analysis (2020). ELC Petition No. 713 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1157/eng@2020-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.