Republic v National Land Commission; Kenya Airports Authority (Interested party) [2022] KEELC 1529 (KLR)
The bottom line
#Kenya's High Court confirmed the National Land Commission can investigate public land even after it has been transferred into private hands.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the National Land Commission over land now privately held
NLC had jurisdiction to conduct inquiries under Section 6 of the NLC Act into parcels falling within public land LR No. 21919, even though titles had been issued to the ex-parte Applicant and others.
The complaint by KAA related to public land (JKIA parcel 21919). The Commission's constitutional mandate under Article 67 includes investigating present or historical land injustices relating to public land. The Court of Appeal in Tom Dola confirmed the Commission's power to review grants of public land notwithstanding subsequent conversion to private title, and Krystalline Salt confirmed this jurisdiction.
Compliance with rules of natural justice
The ex-parte Applicant failed to demonstrate any breach of natural justice; it appeared before the Commission, submitted documents and filed submissions, and suffered no prejudice from the manner of obtaining the report.
The Applicant admitted participating in the inquiry, presenting documents and written submissions. Its only complaint was not receiving a copy of the determination, but it had the report and nothing showed prejudice. The court in judicial review examines process, not merits, and found the process not flawed.
Whether the impugned report was a review of grants or an inquiry
The proceedings before the Commission were inquiries and investigations under Section 6 of the NLC Act, not a review of grants under Section 14, and the report made recommendations only.
The impugned document was headed as a report on inquiries into titles within JKIA public land. The Commission did not revoke the title; it recommended revocation of one lease in favour of a lease on terms approved by KAA. A recommendation is advisory and not a legally binding decision amenable to certiorari.
Legal principles established
#- The National Land Commission has jurisdiction to inquire into the legality and propriety of disposal of public land even where such land is now registered in the hands of private entities.
- Judicial review is confined to the decision-making process and the court must not delve into the merits of the decision under the 'forbidden appellate approach'.
- A recommendation by the Commission is advisory only and does not amount to a binding decision capable of being quashed.
Court orders
#- 1.The substantive notice of motion dated (filed 6.12.2019) seeking certiorari and prohibition is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Judicial review jurisdiction under Order 53 of the Civil Procedure Rules; review of administrative action of NLC under Article 47 of the Constitution and the Fair Administrative Action Act framework; Article 67 and National Land Commission Act, 2012
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.
- Kabuagi & another v National Land Commission & 4 others (Environment and Land Petition 1 of 2019) [2026] KEELC 1462 (KLR)[2026] KEELC 1462 (KLR)11 Mar 2026
Cite this brief
#Cite this brief
Caselaw, "Republic v National Land Commission; Kenya Airports Authority (Interested party) [2022] KEELC 1529 (KLR)", Case Analysis (2022). Judicial Review Application (substantive notice of motion filed 6.12.2019, chamber summons dated 17.7.2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1529/eng@2022-02-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.