Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedELC Petition Case No. 30 of 2018· [2020] KEELC 2394 (KLR)

Church Commissioners For Kenya v National Land Commission [2020] KEELC 2394 (KLR)

Environment and Land Court
14 May 2020
EOE. O. Obaga
1,371 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

Newspaper notices of land revocation were adequate, so the Anglican Church lost its bid to overturn the National Land Commission's title cancellation.

What this practically means

#

Executive summary

#
The Church Commissioners for Kenya, trustee of the Anglican Church, petitioned the Environment and Land Court alleging that the National Land Commission violated its rights under Articles 47, 48 and 50 of the Constitution by revoking its title to LR No. Nairobi/Block 72/2256 through Gazette Notice No. 97 of 17th July 2017 without personally serving it. The Petitioner had been allotted the land in 1983/1984, built the ACK Church of Good Shepherd on it, and obtained title in 2013. The revocation followed a complaint by KENHA that the land lay on a road reserve. The Petitioner sought declarations of violation, certiorari to quash the revocation, prohibition against further proceedings on the parcel, and costs. The Respondent filed no response. The court found that notices of the review process had been published in daily newspapers, which was a practically feasible means of notifying affected parties, and that the Petitioner - already engaged in litigation against KENHA in ELC Case No. 893 of 2013 over the same property - was aware of the dispute and chose not to attend the hearings, which proceeded ex-parte. The court held that a party served and failing to appear cannot later claim it was condemned unheard. It found no violation of Article 47 (fair administrative action), Article 48 (access to justice - the Petitioner was already in court and showed no hindrance), or Article 50 (fair hearing). The Petition was dismissed with no order as to costs, the court noting the pending ELC suit was the best forum to ventilate the legality of the title.

Key legal issues

#
01

Whether publication in daily newspapers constituted adequate notice of the Respondent's review proceedings

Holding

Adequate notice was given; the Petitioner, already in dispute with KENHA, was aware of the issue and chose not to attend the hearings

Reasoning

The Respondent acted on a complaint by KENHA following a dispute already before the courts. Notices were published in daily newspapers calling on affected parties to give views during the review of grants. Given the ongoing ELC case between the Petitioner and KENHA over the same parcel, the Petitioner could not credibly claim ignorance of the publication. Its failure to attend resulted in the ex-parte decision it now complains about.

p. 2
02

Whether Article 47 (fair administrative action) was violated

Holding

No violation - opportunity to be heard was afforded through newspaper publication

Reasoning

Article 47 requires administrative action that is lawful, reasonable and procedurally fair. Publication in daily newspapers gave affected parties an opportunity to be heard, individual service not being practically possible. The Petitioner's awareness of the dispute with KENHA undermined its claim of ignorance of the notices.

p. 2
03

Whether Article 48 (access to justice) was violated

Holding

No violation - the Petitioner was already in court and did not show how access to justice was hindered

Reasoning

Article 48 obligates the State to ensure access to justice for all persons. The Petitioner already had a suit (ELC 893 of 2013) pending against KENHA and the Attorney General, and had petitioned this Court. It adduced no evidence of any hindrance to its access to justice.

p. 2
04

Whether Article 50 (fair hearing) was violated

Holding

No violation - the Petition was heard and no breach of fair hearing rights was shown

Reasoning

Article 50 guarantees a fair hearing. The Petitioner moved the Court and its Petition was heard. No indication of a violation was established. The pending ELC case against KENHA was identified as the best forum to ventilate the legality of the title.

p. 2

Legal principles established

#
  • Service by publication in daily newspapers satisfies the requirement of a hearing where it is not practically possible to serve each affected person individually
  • A party served with notice of proceedings who fails to appear cannot later claim it was condemned without being heard

Court orders

#
  1. 1.The Petition is dismissed
  2. 2.No order as to costs

Authorities

#

Legislation

  • Constitution of KenyaArticle 47
  • Constitution of KenyaArticle 48
  • Constitution of KenyaArticle 50
  • Constitution of KenyaArticle 67
  • Constitution of KenyaArticles 22, 23, 165, 258 and 259
Jurisdiction invoked
Articles 22, 23, 47, 48, 50, 165, 258 and 259 of the Constitution of Kenya (enforcement of fundamental rights and freedoms)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Church Commissioners For Kenya v National Land Commission [2020] KEELC 2394 (KLR)", Case Analysis (2020). ELC Petition Case No. 30 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2394/eng@2020-05-14

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