Ethics and Anti-Corruption Commission v Chepkole & 4 others
The bottom line
#Kenya's anti-corruption agency successfully cancelled an unlawful land allocation reserved for government housing, though the official who signed the lease escaped personal liability.
What this practically means
#Executive summary
#Key legal issues
#Whether land parcel No. Nakuru Municipality Block 5/221 was unlawfully alienated
Yes - the alienation was unlawful because there was no Part Development Plan, the property was unsurveyed, and it was reserved for government housing with twenty government houses occupied by civil servants
The plaintiff produced the RIM showing the parcel as unsurveyed, a letter from the Director of Physical Planning confirming no approved development plan existed, and evidence of twenty government houses occupied by civil servants paying rent. The 5th defendant produced no evidence that the land was available for alienation. In the absence of a PDP and given the public reservation, the alienation and lease were illegal and a nullity.
Whether the 5th defendant should be held personally liable for the illegal alienation
No - no personal liability was established against the 5th defendant
The letter of allotment was signed by P. Amiani for the Commissioner of Lands, not the 5th defendant; the only document he signed was the lease, in his official capacity. No specific relief was sought against him personally and the plaintiff led no evidence proving personal liability or misfeasance in office.
Legal principles established
#- Under the repealed Government Lands Act, a Part Development Plan must be drawn and approved before unalienated Government land can be allocated, and a letter of allotment based on the approved PDP is then issued
- Land reserved and developed for a public purpose (government housing) is not available for alienation to private parties
Court orders
#- 1.A declaration that the allocation and issuance of a lease over land parcel number Nakuru Municipality Block 5/221 on 16/11/1998 by the 5th defendant to Saleh Chepkole and Titus Kipkemboi and the subsequent transfers to Pembeni Limited and Liberty Assurance Company Limited is null and void
- 2.The registration of lease over land parcel number Nakuru Municipality Block 5/221 in favour of Saleh Chepkole and Titus Kipkemboi and all entries subsequent thereto are cancelled
- 3.A permanent injunction restraining the 4th defendant by itself, its agents, servants, assigns or any other person whatsoever from charging, transferring, leasing, wasting, entering, developing, subdividing, occupying and/or dealing in any manner with land parcel No. Nakuru Municipality Block 5/221
- 4.The land parcel known as Nakuru Municipality Block 5/221 shall be registered in the name of the Permanent Secretary to the Treasury to hold in trust on behalf of the Ministry of Housing and Urban Development
- 5.The costs of the present suit shall be borne by the defendants
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution over disputes relating to public land
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ethics and Anti-Corruption Commission v Chepkole & 4 others", Case Analysis (2023). Environment & Land Case 242 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/19926/eng@2023-09-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.