Republic v National Land Commission & 2 others; Joyjoa Clearing & Forwarding Limited & 4 others (Exparte) (Environment and Land Judicial Review Case 34 of 2019) [2022] KEELC 2552 (KLR)
The bottom line
#Kenya's High Court quashed the National Land Commission's 2019 recommendations to revoke six land titles because the NLC's five-year review power had expired in 2017.
What this practically means
#Executive summary
#Key legal issues
#Characterisation of the 1st Respondent's proceedings
The proceedings were a review of grants under section 14, not mere inquiries under section 6
The court examined the 1st Respondent's report and found it had framed issues including whether the allocations were illegal or irregular and whether the titles should be revoked. It found the titles irregularly and illegally issued and recommended revocation, forwarding the report to the Registrar for action. Such exercise could only be undertaken under section 14, which alone provides for review and revocation of titles.
Want of jurisdiction
The review power having expired on 2nd May 2017, the recommendations were null and void
Section 14(1) allowed review within five years of commencement of the Act. Since the Act commenced on 2nd May 2012, the review power expired on 2nd May 2017. The 2018-2019 proceedings were therefore conducted without jurisdiction, and recommendations for revocation of titles and demolition made without jurisdiction are null and void, warranting certiorari.
Natural justice / fair hearing
Obiter: the Applicants were given a fair hearing; no breach of natural justice found
The court held it unnecessary to determine this issue given the finding on jurisdiction, but stated that had it done so it would have found the Applicants were given ample time to respond to the complaints against them and did respond. There was accordingly no breach of the rules of natural justice or the Fair Administrative Actions Act 2015 as alleged.
Suitability of judicial review for land ownership disputes
Judicial review is not an appropriate forum for determining ownership of land, but this application only challenged the ultra vires exercise
Relying on Sanghani Investment and Ephrahim Muriuki Wilson, the court accepted that judicial review concerns the decision-making process, not ownership disputes requiring viva voce evidence. However, the Applicants did not seek a declaration of ownership; they challenged an ultra vires exercise purporting to revoke their titles. The certiorari order would not determine ownership.
Legal principles established
#- The National Land Commission's power to review grants and dispositions of public land under section 14 of the National Land Commission Act lapsed on 2nd May 2017, five years after commencement of the Act
- Section 6 of the National Land Commission Act does not confer power to review grants or recommend revocation of titles; such power exists only under section 14
- A decision made without jurisdiction is null and void
Court orders
#- 1.The recommendations made by the 1st Respondent to the 2nd and 3rd Respondents in its report dated January 2019 published in the Special Issue of the Kenya Gazette dated 15th February 2019 for the revocation of the titles for L.R No.9052, L.R No.9097, L.R No.23359/13, L.R No.23359/10, L.R No.23359/11 and L.R No.9042/67 are brought to this court and quashed
- 2.The Applicants shall have the costs of the application
- Jurisdiction invoked
- Judicial review jurisdiction of the High Court (orders of certiorari and prohibition; Fair Administrative Actions Act 2015)
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 & 2 others; Joyjoa Clearing & Forwarding Limited & 4 others (Exparte) (Environment and Land Judicial Review Case 34 of 2019) [2022] KEELC 2552 (KLR)", Case Analysis (2022). Judicial Review Application (Notice of Motion dated 15th August 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2552/eng@2022-07-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.