Njoroge v County Government of Nakuru & 3 others
The bottom line
#Kenya's Environment and Land Court ruled that county governments can lawfully verify land ownership documents for planning and rating purposes.
What this practically means
#Executive summary
#Key legal issues
#Whether the County Government of Nakuru had legal mandate to verify and authenticate land ownership documents
The court held the 1st respondent acted within its mandate under Articles 185, 186 and the Fourth Schedule Part 2(8) of the Constitution and Sections 103, 104, 105, 106 and 110 of the County Governments Act
The court reviewed the constitutional devolution provisions and the County Governments Act planning framework. It reasoned that county planning, survey and mapping, and preparation of rating rolls necessarily require authentication of ownership of parcels within the county. The verification exercise was for planning, titling facilitation and rating purposes, not usurpation of NLC or national government functions.
Whether the impugned notice violated the Constitution or the Fair Administrative Actions Act
No violation was established since the 1st respondent acted intra vires its mandate and jurisdiction
Having found the notice was issued pursuant to lawful mandate, the court held there was no ultra vires act and consequently no breach of constitutional provisions or the Fair Administrative Actions Act. The applicant failed to demonstrate abuse or excess of power warranting judicial review intervention.
Whether the applicant was entitled to an order of prohibition
The applicant was not entitled to prohibition as the 1st respondent acted within its jurisdiction
Relying on the Court of Appeal's exposition that prohibition restrains abuse or excess of power, the court held that a body acting lawfully within its authority cannot be prohibited. The applicant did not demonstrate abuse or excess of power.
Legal principles established
#- A County Government may, in exercise of its planning and development functions under the Fourth Schedule and the County Governments Act, verify and authenticate land ownership documents within its jurisdiction for planning and rating purposes
- Prohibition cannot issue to restrain a public body from doing what it has legal authority to do
Court orders
#- 1.The judicial review application is dismissed
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Judicial review jurisdiction of the Environment and Land Court under Article 47 of the Constitution and the Fair Administrative Actions Act, 2015 (Section 7(2))
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njoroge v County Government of Nakuru & 3 others", Case Analysis (2022). Environment and Land Court Judicial Review Application E007 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/14910/eng@2022-11-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.