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)
The bottom line
#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
#Executive summary
#Key legal issues
#Jurisdiction of the NLC to review grants of private land
The NLC had jurisdiction to review the grant because the suit property was once public land; existing registration did not oust that jurisdiction.
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.
Whether the NLC relied on the quashed Task Force Report and violated court orders
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.
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.
Procedural fairness of the NLC's review process
The Commission afforded the Petitioner an opportunity to be heard through published notices, and its process was neither unlawful, unreasonable nor procedurally unfair.
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.
Legal principles established
#- 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
#- 1.The Petition is dismissed
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.