Ethics & Anti-Corruption Commission v Wanjiku & 3 others [2021] KEELC 4074 (KLR)

Section 3 of the Government Land Act vested the power to make grants of unalienated Government land in the President, delegable to the Commissioner of Lands only in the specified special cases such as religious or charitable purposes, town planning exchanges and sale of small remnants. The allotment letter was issued for residential purposes by F.O. Otieno on behalf of the Commissioner, outside those cases, and the Director of Physical Planning disowned the PDP as never approved, so the allotment had no lawful foundation.

Section 23(1) of the RTA protects the registered proprietor as absolute and indefeasible owner, but expressly excepts fraud or misrepresentation to which the proprietor is proved to be a party. Here the 2nd defendant never existed per the Registrar of Companies, the 3rd defendant was only incorporated on 16 November 2016 yet a transfer to it was registered on 25 October 1996, and the 1st defendant transferred before even accepting the allotment. These circumstances establish a fraudulent and corrupt scheme.

The 1st to 3rd defendants, though served, did not enter appearance or file any documents, and the 4th defendant filed nothing though represented by the State Law Office. The court therefore relied solely on the plaintiff's evidence and submissions, which were not challenged, and on that uncontroverted material found the plaintiff had proved its case to the required standard.