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ELCDismissedMalindi ELC Petition No. 12 of 2017 (Petition dated 20th September 2017 as amended on 16th May 2019)· [2020] KEELC 1890 (KLR)

Likizo Limited v Nasib Kashuru Mumbo, National Land Commission, Chief Registrar County Land Registrar Kilifi & Attorney General (Petition 19 of 2017) [2020] KEELC 1890 (KLR)

Environment and Land Court
25 June 2020
5,787 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~23 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed that the National Land Commission can review even privately registered land if it was once public land.

What this practically means

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Executive summary

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Likizo Ltd petitioned the Environment and Land Court at Malindi seeking declaration of proprietorship of Title No. Chembe/Kibabamshe/407, cancellation of a second Certificate of Lease issued to the 1st Respondent, injunctions, certiorari to quash Gazette Notice No. 6866 of 17th July 2017 and mandamus to restore its register. The Petitioner claimed to be a bona fide purchaser for value since 2004 whose indefeasible title was violated by a second allocation and registration in 2010. The 1st Respondent asserted he acquired the property through lawful allocation under a Settlement Fund Trustees letter of allotment; the National Land Commission maintained it acted within its Section 14 mandate following its own plot verification exercise; the 3rd-5th Respondents and the Interested Party (a purchaser from the 1st Respondent) supported that position. The court held that the land was once public land and that the Commission's jurisdiction to review grants of public land converted to private land was not barred by existing registration. There was no evidence the Commission relied on the quashed June 2010 Task Force Report, and the judgment in Malindi ELC Petition No. 11 of 2012 could not extend to the suit property, which was not the subject of those proceedings. The Commission's process was found procedurally fair, and the Petition was an attempt to revive a claim lost when Malindi ELC No. 123 of 2012 was dismissed for want of prosecution. The Petition was dismissed with costs on 25th June 2020.

Key legal issues

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01

Jurisdiction of the NLC to review grants of private land

Holding

The NLC had jurisdiction to review the grant because the suit property was once public land; existing registration did not oust that jurisdiction.

Reasoning

The court traced the history: the land was adjudicated and titled under the Registered Land Act, then declared Government Land by the Commissioner of Lands in 1986 and re-allocated, creating multiple titles. Article 67(2)(e), Article 68(c)(v) and Section 14(1) of the NLC Act empowered the Commission to investigate historical land injustices and review grants of public land. Relying on Krystalline Salt and Holborn Properties, the court held that land converted from public to private land is precisely what the Commission may review.

p. 7
02

Whether the NLC relied on the quashed Task Force Report and violated court orders

Holding

There was no evidence the Commission relied on the June 2010 Task Force Report; it conducted its own plot verification exercise, and the Malindi ELC Petition No. 11 of 2012 judgment could not be extended to the suit property.

Reasoning

Neither the Petitioner nor the 1st Respondent were parties to the earlier petition, and the suit property was not among the parcels litigated there. The Commission had published notices, received representations and heard witnesses before making its determination under its own mandate. Accordingly, the contention that it acted contrary to the earlier judgment or on the quashed Report failed.

p. 7
03

Procedural fairness of the NLC's review process

Holding

The Commission afforded the Petitioner an opportunity to be heard through published notices, and its process was neither unlawful, unreasonable nor procedurally unfair.

Reasoning

Notices were published in newspapers on 1st and 2nd September 2015 inviting written representations and documentation, and the suit property was scheduled for hearing. The Petitioner chose not to participate. The court found nothing suggesting unfairness and concluded the Petition was an attempt to revive the dispute litigated in Malindi ELC No. 123 of 2012, dismissed for want of prosecution on 13th May 2016.

p. 7

Legal principles established

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  • Registration of land as private property is no bar to the National Land Commission's jurisdiction under Section 14 to review grants of land that was once public land
  • A judgment in prior litigation cannot be extended to properties that were not the subject of that litigation

Court orders

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  1. 1.The Petition is dismissed
  2. 2.Costs of the Petition awarded to the Respondents
Jurisdiction invoked
Article 165(2) of the Constitution (Environment and Land Court); Petition under Articles 40 and related provisions - court determined NLC's jurisdiction under Section 14(1) of the National Land Commission Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Likizo Limited v Nasib Kashuru Mumbo, National Land Commission, Chief Registrar County Land Registrar Kilifi & Attorney General (Petition 19 of 2017) [2020] KEELC 1890 (KLR)", Case Analysis (2020). Malindi ELC Petition No. 12 of 2017 (Petition dated 20th September 2017 as amended on 16th May 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1890/eng@2020-06-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.