Republic v National Land Commission & another Ex parte Baker Street Investment Limited [2021] KEELC 503 (KLR)
The bottom line
#Kenya's National Land Commission can revoke titles to public land irregularly allocated, and courts won't rescue owners who received tainted property.
What this practically means
#Executive summary
#Key legal issues
#Whether the NLC had jurisdiction to review and revoke the applicant's title
The NLC acted within its mandate; the suit property was public land (a children's playground) irregularly transferred to George Kiarie, and its review under Section 14 of the National Land Commission Act was properly invoked
The court accepted evidence that the suit property was designated a children's playground reserved as a public utility when LR 209/7383 was subdivided in 1970, and that it was irregularly transferred to George Kiarie. Section 14(1) of the National Land Commission Act empowers the NLC to review grants or dispositions of public land to establish their legality or illegality. The validity of George Kiarie's title, the applicant's predecessor, had to be determined first before constitutional protection of property could attach.
Whether the applicant was denied fair administrative action, natural justice and a fair hearing
No violation; the applicant was invited, participated through an advocate, and fully participated in the hearings before the NLC
The applicant admitted being invited to a hearing before the NLC, which fell within the period the Commission was mandated to conduct inquiries. The court found no material evidence supporting the claim that the applicant was denied an opportunity to challenge evidence, and noted that the applicant was represented by an advocate. On review of the proceedings, the applicant fully participated.
Whether the applicant was entitled to the prerogative orders of certiorari and prohibition
Not entitled; the application was dismissed
Having found that the NLC acted within its statutory mandate and afforded the applicant a fair hearing, and that the validity of the predecessor's title was in question, the court found no merit in the application for certiorari and prohibition and dismissed it.
Legal principles established
#- Judicial review proceedings are not the appropriate forum to adjudicate a dispute on land ownership or determine the authenticity of title to property
- Once a person is lawfully granted leasehold tenure over public land, the land becomes private land and can only be converted back to public land by compulsory acquisition
- The National Land Commission's mandate under Section 14(1) of the National Land Commission Act is to review grants or dispositions of public land to establish their legality or illegality
- Where allegations of illegal or irregular acquisition of title arise, the validity of the predecessor's title ought to be determined first; constitutional protection of property does not extend to titles acquired illegally
Court orders
#- 1.The Notice of Motion dated 19th October 2019 is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Sections 8 and 9 of the Law Reform Act Cap 26; Order 53 of the Civil Procedure Rules, 2010; Section 14 of the National Land Commission Act; Sections 4 and 5 of the Fair Administrative Actions Act, 2015
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v National Land Commission & another Ex parte Baker Street Investment Limited [2021] KEELC 503 (KLR)", Case Analysis (2021). ELC Judicial Review No 37 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/503/eng@2021-12-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.