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ELCDismissedNot stated in the judgment text· [2020] KEELC 2591 (KLR)

Registered Trustees of Redeemed Gospel Church v Umoja Residents Association (Sued through its officials, P.S Kinyanjui (Chairman) Arkipo Onyango (Secretary) and Richard Kavemba (Committee Member)) & another [2020] KEELC 2591 (KLR)

Environment and Land Court
18 May 2020
3,713 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

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A Nairobi church lost its land title because the public land it received was illegally allocated and reserved for the community.

What this practically means

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Executive summary

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The plaintiff, a church, sued the 1st defendant (representing Umoja II Estate residents) and the 2nd defendant (City Council of Nairobi) seeking declarations that it was the lawful proprietor of Nairobi/Block 107/384 and injunctions restraining interference with and cancellation of its title, having been allocated the property by letter of allotment dated 11th August 1998 and issued a certificate of lease on 7th July 2011. The 2nd defendant maintained the allocation had been cancelled on 23rd August 2006 and the property was reserved for a community centre, while the 1st defendant counter-claimed for revocation of the title and a declaration that the property was public land. The court framed five issues. It found overwhelming evidence that the property was reserved for construction of a community social centre; that the Ndungu Commission, the council's General Purposes Committee and the National Land Commission under section 14 of the National Land Commission Act all found the allocation illegal and recommended revocation; and that the 2nd defendant held the property in trust for Umoja II residents. Disposing of the land by 99-year lease breached that trust contrary to section 144(8) of the repealed Local Government Act, and the allotment lacked a council resolution and the Minister's consent under section 144(5), rendering it procedurally flawed and illegal. The plaintiff was held not to hold a valid title, to have proved no unlawful interference, and to be undeserving of declaratory and injunctive relief. The 1st defendant's counter-claim succeeded; the 2nd defendant's reliefs in its defence were not recognisable as a counter-claim under Order 7 rule 7 of the Civil Procedure Rules. The plaintiff's suit was dismissed with costs to the 1st defendant on 18th May 2020.

Key legal issues

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01

Validity of the plaintiff's title to land reserved for public use

Holding

The plaintiff did not acquire the suit property lawfully; its title is unlawful and unprotected

Reasoning

The property was reserved for a community centre; the Ndungu Commission, the council's General Purposes Committee and the NLC all found the allocation illegal. The council held the land in trust and its disposal breached that trust contrary to section 144(8) of the Local Government Act, and the allotment lacked a council resolution and ministerial consent under section 144(5).

p. 4
02

Whether the defendants interfered with the plaintiff's quiet enjoyment

Holding

No unlawful interference proved; the 1st defendant's conduct was residents' protest and the 2nd defendant's was assertion of its rights

Reasoning

The court found no evidence of forceful eviction attempts; what the plaintiff perceived as interference was legitimate protest against an unlawful acquisition and the 2nd defendant's assertion of its admitted irregular allocation of land reserved for public use.

p. 4
03

Entitlement to counter-claim reliefs

Holding

The 1st defendant's counter-claim succeeded; the 2nd defendant's purported counter-claim was improperly pleaded and not recognisable

Reasoning

The 1st defendant established that the property was public land reserved for a community centre. The 2nd defendant merely included reliefs in its defence without indicating a counter-claim as required by Order 7 rule 7 of the Civil Procedure Rules, and paid no court fees for them.

Legal principles established

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  • Indefeasibility of title applies only where the title was lawfully created; a title tainted with illegality and procedural error cannot be protected
  • A local authority holding public land reserved for a public purpose holds it in trust and cannot dispose of it in breach of that trust
  • Disposal of land by a local authority by lease exceeding 7 years required ministerial consent under section 144(5) of the Local Government Act and could not breach any trust under section 144(8)

Court orders

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  1. 1.The plaintiff's suit is dismissed
  2. 2.Judgment is entered for the 1st defendant against the plaintiff in terms of prayers (a) and (b) in the counter-claim dated 5th June, 2014 (revocation of the plaintiff's title and declaration that the suit property is public land reserved for a community/social hall)
  3. 3.The 1st defendant shall have the costs of the suit and the counter-claim

Authorities

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Legislation

  • Land Registration Act, 2012section 24(b)
  • Land Registration Act, 2012section 25(1)
  • National Land Commission Act, 2012section 14
  • Local Government Act, Chapter 265 Laws of Kenya (now repealed)section 144(5)
  • Local Government Act, Chapter 265 Laws of Kenya (now repealed)section 144(8)
  • Civil Procedure RulesOrder 7 rule 7
  • Constitution of Kenya (repealed)sections 1, 1A and 75 (as quoted in Waa Ship Garbage Collector)

Cases cited (2)

  • Milankumar Shah & 2 others v The City Council of Nairobi & another
    Nairobi High Court Civil Suit No. 1024 of 2005(O.S)
  • Republic v Minister for Transport & Communication & 5 Others Ex Parte Waa Ship Garbage Collector & 15 Others
    Mombasa HCMCA No. 617 of 2003 [2006] 1 KLR (E&L) 563
Jurisdiction invoked
First-instance civil suit under the Environment and Land Court's jurisdiction (no specific provision stated in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Registered Trustees of Redeemed Gospel Church v Umoja Residents Association (Sued through its officials, P.S Kinyanjui (Chairman) Arkipo Onyango (Secretary) and Richard Kavemba (Committee Member)) & another [2020] KEELC 2591 (KLR)", Case Analysis (2020). Not stated in the judgment text. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2591/eng@2020-05-18

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