Richard Muriuki Kanuthu v National Land Commission & another; Johnson Mwangi Muriuki & another (Interested Parties) [2020] KEELC 2764 (KLR)

The court held that state-held information is accessible to citizens on request and that such access underpins democratic governance and meaningful participation. The Respondents, though served, filed no response; the allegation of concealment of beneficiary identities and allocation criteria therefore stood uncontroverted, establishing a breach of Article 35.

Article 47 entrenches expeditious, efficient, lawful, reasonable and procedurally fair administrative action, and Article 47(2) requires written reasons where rights are affected. The uncontroverted evidence showed the demarcation and alienation proceeded secretly and without participation or disclosure, contrary to the constitutionalised standard of administrative justice rather than the common law ultra vires doctrine.

Article 40 protects proprietary rights but does not extend to unlawfully acquired property, and proprietary interests are governed by statutes such as the Land Registration Act and Land Act conferring indefeasible title. The Petitioner's case rested on allegation and apprehension that allocations favoured strangers; no evidence disclosed arbitrary deprivation, so the property claim failed.

Article 48 guarantees access to justice and Article 50 fair hearing before a court, tribunal or dispute-resolution body. The court examined the Petition narrative and found no indication that either right had been infringed, since no evidence was adduced in support of those heads of the claim.

Articles 22 and 258 permit any person to sue on behalf of another who cannot act in their own name, as a member of or in the interest of a group or class, or in the public interest, and the Petitioner acted for interested residents of Iruri Colonial Village, a disadvantaged class unable to approach the court individually.