Republic v National Land Commission & 7 others; Taylor & 5 others (Ex parte) (Suing as the Trustees of Uasin Gishu Arts Society of Eldoret) (Judicial Review 09 of 2017 & 04 of 2016 (Consolidated)) [2022] KEELC 3 (KLR)
The bottom line
#Kenya's Environment and Land Court quashed a county's allocation of leased land and ordered a fresh, lawful renewal process for the original leaseholder.
What this practically means
#Executive summary
#Key legal issues
#Existence of a pre-eminent right of renewal of an expired lease over a developed town plot
A legitimate expectation of renewal exists where the lessee has complied with the terms of the grant, especially where the property has been developed; the applicants were using the property as a cultural centre in accordance with the grant
The court adopted Munyao Sila J's harmonization in Kenya Industrial Estates Ltd v Anne Chepsiror: for developed leasehold property, refusing renewal would unjustly enrich the lessor and deprive the lessee of investments reverting as fixtures. The alleged non-compliance (use as private restaurant/bar) was rebutted; the 'bar' was a refreshment area serving no alcohol, and the aged theatre building dated to the 1960s.
Whether the renewal application was processed in accordance with the law
The administrative process was unfair and non-compliant with article 47 of the Constitution and the Fair Administrative Action Act
The application made on February 5, 2008, with follow-ups in 2008 and 2009, elicited no timely response; the National Land Commission was still consulting the County Government - an interested party incapable of impartiality - as late as April 2014, and the property was then allocated to the County Government in 2017. The action was neither expeditious, efficient, lawful, reasonable nor procedurally fair.
Appropriate relief in judicial review
Certiorari granted to quash the gazette notice allocation; the respondents directed to process the renewal afresh in accordance with the law
Though judicial review does not substitute the court's decision for the impugned one, the respondents were bound by the Constitution and statute to process the renewal application lawfully, taking into account the legitimate expectation of the previous leaseholder, leaving them 'little wiggle room' but not dictating the outcome.
Legal principles established
#- A former holder of a Government leasehold title who has complied with the terms of the lease holds a legitimate expectation that the lease of a developed property will be renewed to him
- Processing of a lease renewal application must comply with article 47 of the Constitution and the Fair Administrative Action Act
Court orders
#- 1.Prayer 1 of the notice of motion dated November 1, 2017 granted: Table 7, Entry No 18 of Gazette Notice No 6862 of July 17, 2017 called into court and quashed
- 2.The National Land Commission and the County Government of Uasin Gishu to process afresh the ex parte applicants' application for renewal of lease for Eldoret Municipality Block 13/22 [formerly LR No 6619/35] in accordance with the law
- 3.Ex parte applicants' costs paid by the National Land Commission and the County Government of Uasin Gishu
- Jurisdiction invoked
- Order 53 rule 3 of the Civil Procedure Rules, 2010 and sections 8 and 9 of the Law Reform Act (Cap 26)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "Republic v National Land Commission & 7 others; Taylor & 5 others (Ex parte) (Suing as the Trustees of Uasin Gishu Arts Society of Eldoret) (Judicial Review 09 of 2017 & 04 of 2016 (Consolidated)) [2022] KEELC 3 (KLR)", Case Analysis (2022). Judicial Review No 4 of 2016 (consolidated with Judicial Review No 9 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3/eng@2022-02-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.