Kalama & 2 others (Chairman, Secretary and Treasurer respectively of Bahari Community Development CBO) v Ministry of Lands and Physical Planning & 3 others; National Land Commission (Interested Party) (Environment & Land Petition 17 of 2019) [2023] KEELC 237 (KLR)

Article 162(2)(b) establishes the ELC for disputes on environment and land, and Section 13 confers original and appellate jurisdiction including redress of denial, violation or infringement of rights relating to environment and land. Since the Petitioners alleged violation of rights in relation to land, the court found it had jurisdiction and did not down its tools despite the respondents' objections.

Although the Petition contained a section on particulars of infringement, the court found the Petitioners did not demonstrate with reasonable precision the rights infringed and the manner each Respondent infringed them. The petitioners merely asserted entitlement as squatters to be settled based on committee recommendations.

Following Munyao J's decision in Mombasa Cement Ltd v Ministry of Lands, the court held that the National Assembly has no power to determine land disputes, declare titles fraudulent or direct cancellation of titles; that power rests with the courts and the National Land Commission. The subsequent Cabinet Secretary letter directing vacation was likewise null and void per Macfoy.

The Petitioners admitted the suit properties were registered in the names of the 2nd and 3rd Respondents. There was no evidence of fraudulent acquisition, so Sections 24, 25 and 26 of the Land Registration Act protected the proprietors. As self-described squatters, the Petitioners had no enforceable proprietary rights, damages, mesne profits or injunction claims.