Idow Trading Company Limited v National Land Commission & 2 others; County Government of Nairobi & another (Interested Parties) (Environment & Land Petition E035 of 2021) [2022] KEELC 2326 (KLR)

Section 14(1) of the National Land Commission Act empowers the Commission to review grants of public land. The suit land was originally government land, and the Commission may probe the process of conversion to private land. Only private-to-private transactions fall outside its mandate, relying on the Olow case and the Supreme Court advisory reference.

The NLC proceedings of April 28, 2017 record that the Petitioner, the registered owner, was absent and this was noted by the 2nd Interested Party's advocate. The NLC took no steps to remedy this. Failure to serve a hearing notice required by section 14(3) NLCA breached natural justice, and service by gazette notice alone was inadequate notice.

The doctrine of constitutional avoidance was invoked because two ELC suits existed. The court held the Petitioner only learned of the revocation in separate court proceedings, never having been served even with the revocation order, so the process leading to the impugned decision was itself flawed and the objection did not defeat the petition.

The lease document contained conditions for reversion to the Government, none of which was proved breached. The lease was issued for commercial purposes, so the land was never effectively public land at the material time, and the Petitioner is the registered owner entitled to all rights over the property.