Karama & 13 others v National Land Commission & 21 others
The bottom line
#Kenya's Environment and Land Court ruled the National Land Commission cannot decide historical injustice claims over private land, voiding its decision.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC
The ELC has jurisdiction over present and historical land matters under article 162(2)(b) and sections 3 and 13 of the ELC Act
The court found its jurisdiction anchored in article 162(2)(b) of the Constitution and sections 3 and 13 of the ELC Act, allowing it to determine both the petition and the consolidated originating summons.
NLC jurisdiction over private land
The NLC lacked jurisdiction to adjudicate a historical injustice claim over private land; the dispute was a breach of sale agreement properly suited in an ordinary court
The court held the NLC's mandate under article 67(2)(e) and section 14 of the NLC Act covers public land; the suit property was private land under article 64, and the claim was essentially a breach of sale agreement, not a historical injustice.
Natural justice and fair administrative action
The NLC proceedings of August 28, 2018 and its decision of February 7, 2019 breached natural justice, particularly regarding the estate of deceased-2 which was never notified
The court found no proper proceedings were conducted, the estate of deceased-2 was not invited, no evidence of service of the decision in the prescribed manner existed, and the 28-day appeal window was unrealistic given publication only on the NLC website.
Intermeddling with estates of deceased persons
The NLC erred in proceeding with a claim over land of deceased persons while succession causes were pending and without administrators
Relying on section 45(1) of the Law of Succession Act, the court held the NLC persisted in the matter despite knowing no duly appointed administrators existed for the estates.
Entitlement to relief
The petitioners were entitled to all the relief sought in the petition
Having found the NLC acted ultra vires and in breach of natural justice, the court granted all six declaratory reliefs sought and dismissed the consolidated originating summons seeking enforcement of the NLC decision.
Legal principles established
#- The NLC's mandate to investigate historical land injustices extends to public land, not private land, save where land was previously public and converted to private
- A tribunal cannot intermeddle with the free property of a deceased person where no grant of representation exists
- State organs including the NLC must observe natural justice and the Fair Administrative Action Act in their proceedings
Court orders
#- 1.The petition dated March 8, 2021 be and is hereby allowed
- 2.A declaration that plot Nos Mombasa/Block XII/320-356 constituting the assets of the estates of Yahya Karama Laabdi (deceased) and Hassan Karama Al-beid (deceased) are private land within the definition of article 64 of the Constitution
- 3.A declaration that under article 67(2)(e) of the Constitution and sections 6 and 15 of the National Land Commission Act No 5 of 2012, the National Land Commission has no jurisdiction to adjudicate claims of historical injustice over private land
- 4.A declaration that the proceedings of August 28, 2018 and the decision/award of the NLC delivered February 7, 2019 and published in the Kenya Gazette of March 1, 2019, table 3 item 4 breached the petitioners' rights under articles 40 and 50 of the Constitution
- 5.A declaration that the NLC decision is against public policy and breached article 165 of the Constitution by attempting to override orders of the High Court in HCC succession cause No 142 of 2009 and HC succession cause No 174 of 2016
- 6.A declaration that the NLC decision is a nullity and incapable of implementation
- 7.A declaration that the proceedings leading to the NLC decision did not qualify as a historical claim contemplated under article 67(2)(e) of the Constitution and sections 6 and 15 of the National Land Commission Act
- 8.The originating summons No 87 of 2020 Abdulkader Mohamed Awadh Salim & 19 others v Karama Yahya Karama be and is hereby dismissed with no orders as to costs
- 9.Each party to bear their own costs of the petition
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and sections 3 and 13 of the Environment and Land Court Act No 19 of 2011; Articles 22, 23, 40, 50, 67 and 165 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kambanga Ranch v Ndoro & 146 others (Environment and Land Case 9 of 2023) (Environment and Land) [2026] KEELC 1341 (KLR)[2026] KEELC 1341 (KLR)9 Mar 2026applied
- Ahmed & 20 others v Karama & 10 others (Environment and Land Case Civil Suit E014 of 2023) [2024] KEELC 5242 (KLR)[2024] KEELC 5242 (KLR)2 Jul 2024
Cite this brief
#Cite this brief
Caselaw, "Karama & 13 others v National Land Commission & 21 others", Case Analysis (2022). Environment & Land Petition 13 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/13521/eng@2022-09-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.