Sofia Mukami Muthengi (Suing as the adminitratrix of the estate of Johnson Muthengi Kithete) v National Land Commission & 2 others [2022] KEELC 1711 (KLR)
The bottom line
#A Kenyan court upheld the National Land Commission's revocation of a land title, ruling the owner failed to prove the land was lawfully acquired from public land.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petitioner was accorded fair hearing and fair administrative action by the NLC
Yes; the Petitioner was given notice, participated, presented documents and was represented by an advocate at the NLC hearing
The court perused annexure 'B I I' showing a public notice dated 18th November 2014 and a hearing at which the Petitioner participated, presented her documents and was represented by Advocate Rodah Muriungi. Applying Article 47 of the Constitution and the Fair Administrative Action Act, the court found the review process satisfied the standards of procedural fairness, so the judicial-review-anchored prayers could not issue.
Whether the NLC had jurisdiction to revoke the title after its statutory review period
Yes; the NLC had the mandate at the point of hearing and only communicated and gazetted the decision later
The court aligned itself with Justice Okongo's decision in Republic v National Land Commission & 3 others Ex-parte Samuel Githegi Mbugua, holding that jurisdiction is measured at the hearing stage. The Gazette Notice of 17th July 2017 directed the Chief Land Registrar to revoke pursuant to section 14(5) of the National Land Commission Act, which the court found proper.
Whether the Petitioner's constitutional rights were violated
No; Article 40(6) excludes protection of unlawfully acquired property, and the Petitioner failed to prove lawful acquisition
The suit property emanated from a subdivision of public land reserved for the Meat Training Institute. Apart from the Certificate of Title, Letters of Allotment and proof of payment of rates and rent, the Petitioner did not demonstrate how the land was converted from public to private. Mere production of a title after the acquisition process had been interrogated could not suffice.
Legal principles established
#- The National Land Commission retains jurisdiction under section 14 of the National Land Commission Act to review grants over public land where it heard the matter within its mandate and only communicated or gazetted the decision later
- Property rights under Article 40 do not extend to property found to have been unlawfully acquired from public land; the burden lies on the party claiming title to demonstrate lawful acquisition
- Where a dispute concerns the root of a title derived from public land and a third party's title is sought to be cancelled, a civil suit with viva voce evidence, not a constitutional petition, is the appropriate vehicle
Court orders
#- 1.The Petition is dismissed
- 2.Each party will bear its own costs
- Jurisdiction invoked
- Articles 23, 159, 165(3) of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sofia Mukami Muthengi (Suing as the adminitratrix of the estate of Johnson Muthengi Kithete) v National Land Commission & 2 others [2022] KEELC 1711 (KLR)", Case Analysis (2022). ELC. Const. Petition No. 1 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1711/eng@2022-02-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.