Joyce Kilonzo & 3 others v National Land Commission & another [2022] KEELC 1432 (KLR)
The bottom line
#Kenya's Environment and Land Court struck down an injunction against compulsory acquisition, ruling landowners must first present ownership claims to the National Land Commission's inquiry before going to court.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petitioners established a prima facie case warranting an interlocutory injunction against compulsory acquisition
Although the Applicants appeared to have a prima facie claim or interest in the suit land, the injunction could not issue because their claim was premature - the proper forum for determining ownership and compensation claims at this stage is the National Land Commission's inquiry under Section 112 of the Land Act.
The Gazette Notice under Section 107(5) is a preliminary step in compulsory acquisition. The Commission's inquiry under Section 112 has a wide inquisitorial, quasi-judicial mandate to establish all persons interested in the land. Enjoining the process at this preliminary stage would usurp the Commission's statutory powers; aggrieved parties may come to court after the inquiry.
Legal principles established
#- The jurisdiction to determine the true owners of land intended to be compulsorily acquired, for purposes of awarding compensation, is vested in the National Land Commission under Section 112 of the Land Act; aggrieved persons may move the court only after the Commission's determination.
- A Gazette Notice of intention to acquire under Section 107(5) of the Land Act is only a preliminary notice, and the Commission is not yet required at that stage to identify all persons in occupation or having interest in the land.
Court orders
#- 1.The Notice of Motion dated 12th August 2021 is struck out with no orders as to costs
- Jurisdiction invoked
- Article 23 of the Constitution of Kenya and Rule 23 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Joyce Kilonzo & 3 others v National Land Commission & another [2022] KEELC 1432 (KLR)", Case Analysis (2022). Petition No. E012 of 2021 (Notice of Motion dated 12th August 2021), Machakos. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1432/eng@2022-02-16
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