Ex Parte Applicants Said Mbili Adam & 23 others v The National Land Commission & another Bajaber Salt Works Limited (Interested Party) [2020] KEELC 3725 (KLR)
The bottom line
#Kenya's High Court-level Environment and Land Court quashed the National Land Commission's revocation of 24 Lamu residents' land titles, ruling the Commission cannot run parallel proceedings when a land dispute is already before the court.
What this practically means
#Executive summary
#Key legal issues
#Sub judice / parallel proceedings before the National Land Commission
The Commission's determination was an abuse of process and sub judice, since the validity of the same titles was directly in issue in Malindi ELC No. 362 of 2016 in which the Commission had filed pleadings.
The Commission was aware of the pending suit, as shown by its own Report recording counsel's advice not to proceed while the Malindi matter was pending. It nevertheless proceeded to hear some parties and determine the complaint. Article 159(1) vests judicial authority in the courts, and Article 162(2)(b) vests land disputes in the ELC. Having filed a defence in the suit, the Commission was obliged to participate there, not determine the dispute itself.
Certiorari against ultra vires determinations
Certiorari lies to bring up and quash a decision of an inferior tribunal or authority made ultra vires.
The court invoked certiorari to quash the Gazette Notice determination because the Commission acted outside its proper remit by determining a matter already before the Court. The decision was therefore invalidated and the directive to the Chief Land Registrar fell with it.
Legal principles established
#- Once a land dispute is pending before the Environment and Land Court, the National Land Commission must participate in those proceedings and may not open parallel proceedings and render its own decision.
Court orders
#- 1.Order of certiorari quashing the determination contained in Gazette Notice No. 11714 dated 9th November 2018 in respect of LR Nos 12852/311-434 and LR No. 2678 (CR 36668)
- 2.Prohibition restraining the 1st and 2nd Respondents from revoking the Applicants' Certificates of Title for LR Nos 12852/311-434 on the basis of the Gazette Notice
- 3.Costs of the Motion to the Ex-Parte Applicants
- Jurisdiction invoked
- Articles 159(1) and 162(2)(b) of the Constitution; Order 53 Rules 3, 4, 5 and 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ex Parte Applicants Said Mbili Adam & 23 others v The National Land Commission & another Bajaber Salt Works Limited (Interested Party) [2020] KEELC 3725 (KLR)", Case Analysis (2020). Judicial Review Application (Notice of Motion) dated 17th December 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3725/eng@2020-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.