James Kembi Gitura v National Land Commission, Kenya National Highways Authority & Attorney General (? 39 of 2019) (Environment and Land) [2021] KEELC 1825 (KLR)
The bottom line
#Kenya's Environment and Land Court upheld the National Land Commission's power to revoke titles over land reserved for public transport corridors.
What this practically means
#Executive summary
#Key legal issues
#Pleading of constitutional violations with reasonable precision
The petition was incompetent because the petitioner did not enumerate particulars supporting the alleged violations of Articles 40 and 47
Applying Anarita Karimi Njeru and Mumo Matemu, the court found the petitioner provided no particulars showing gross violation of his right to property under Article 40, and no particulars showing the revocation breached the Fair Administrative Action Act under Article 47. Precision demands neither formulaic prescription nor exactitude, but the dispute must be defined.
Status of the suit property
Nairobi/Block 72/2971 is public land reserved for the transport corridor for the Embakasi-Kibera railway line and Southern Bypass development
The Nairobi Structure Plan of 1985 shows no private property at the location; the property was not in existence when the railway line was designed in 1958 or the JICA Southern Bypass study of 1989/90 was done; and the petitioner's uncontroverted acquisition in 2008 came after 2003 notices requiring removal of illegal structures on the corridor.
Jurisdiction of the National Land Commission
The Commission had jurisdiction under Section 14 of the National Land Commission Act to review the grant and direct revocation of the title
Since the suit property was public land, the Commission was mandated to investigate how it was converted from public to private use. Upon completion of the review, it properly published its determination directing the Chief Land Registrar to revoke the titles under Section 14(5) of the National Land Commission Act.
Fair hearing before the Commission
The petitioner was accorded a fair hearing through public notices and hearings
The Commission published notice on 17th March 2017 of hearings to be held on 27th March 2017 and all interested persons were notified. The petitioner did not claim unawareness of the hearings, only that the gazette notice lacked particulars of allegations, which the court found far-fetched since appearing at the hearings gave him the chance to seek the relevant information and present evidence.
Legal principles established
#- Where an uncontroverted structure plan shows no private property on land reserved for a transport corridor, that land is public land
- The National Land Commission has power under Section 14 of the National Land Commission Act to review grants and dispositions of public land to establish how it became private land
- Attending public review hearings and having the opportunity to present evidence on how the property was acquired amounts to an opportunity to be heard
Court orders
#- 1.The petition is dismissed with costs to the 2nd and 3rd respondents
- 2.It is so ordered
- Jurisdiction invoked
- Original constitutional jurisdiction under Articles 40 and 47 of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "James Kembi Gitura v National Land Commission, Kenya National Highways Authority & Attorney General (? 39 of 2019) (Environment and Land) [2021] KEELC 1825 (KLR)", Case Analysis (2021). Petition dated 9th June 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1825/eng@2021-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.