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ELCDismissedEnvironment & Land Case 1 of 2018· [2023] KEELC 21282 (KLR)

Sordo v County Government of Narok & 2 others

Environment and Land Court
7 November 2023
6,982 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~28 min to read original · ~4 min brief

The bottom line

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A Narok court dismissed a Kshs 98 million demolition claim because the landowner could not prove the plot was ever validly allocated to him.

What this practically means

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Executive summary

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The plaintiff, a former councillor and chairman of the defunct Narok County Council, sued the County Government of Narok, the Government of Narok and the County Executive Member of Lands after his business premises on plot 55 were demolished on 4th January 2018. He sought a permanent injunction, an order for reinstatement of the building, compensation, special damages of Kshs. 98,280,000/- and general damages, alleging the demolition was done without notice and in violation of his property rights. He claimed the plot was allocated to him in 1978 vide minute 27/78 and an allotment letter dated 1st August 1978. The defendants denied that he held any title, contending the plot was an unsurveyed road reserve, that the allotment documents were questionable, and that he forfeited the plot in 1980 for failure to develop it within 24 months. They maintained the demolition targeted illegally allocated public land. The defendants framed three issues: availability of the plot for allocation, justification of the demolition, and entitlement to reliefs. The court found that the plaintiff's name does not appear in the 1978 minutes, that the Part Development Plans of 1966, 1969 and 1976 show the location as a road reserve, and that no application or survey supported the claimed allocation. Applying the allocation process restated in Nelson Kazungu Chai, the court held the suit property does not exist and the plaintiff proved no ownership. The plaint was dismissed with each party bearing its own costs.

Key legal issues

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01

Whether the suit property was validly allocated to the plaintiff and was available for allocation

Holding

No valid allocation was proved; the property was a road reserve and does not exist in law

Reasoning

The minutes of 20th July 1978 relied on by the plaintiff do not bear his name under minute 27/78 or anywhere else. The Part Development Plans of 1966, 1969 and 1976 show the location as a road reserve. No application for allocation, prior minutes or survey plans were produced. The plaintiff did not dispute those plans and was mute on how the plot appeared in the 2015 Zoning Plan.

p. 10
02

Whether the plaintiff is entitled to the reliefs sought including injunction, reinstatement and damages

Holding

Not entitled; the suit was dismissed in its entirety

Reasoning

Having found the plaintiff was not the registered owner and that the suit property does not exist, the court held there was no need to determine the remaining issues. All reliefs, including special damages of Kshs. 98,280,000/- and general damages, fell away with the failure of the ownership claim.

Legal principles established

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  • A letter of allotment must be based on an approved Part Development Plan and compliance with its terms precedes survey and issuance of a Certificate of Lease
  • A plaintiff claiming ownership of allocated land must prove the allocation; minutes not naming the allottee cannot establish title

Court orders

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  1. 1.The plaint dated 9th January, 2018 is dismissed
  2. 2.Each party to bear its own costs

Authorities

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Legislation

  • Constitution of KenyaArticle 40(3)
  • Constitution of KenyaArticle 62(2)
  • Land ActSections 109 to 119
  • Land Registration Actnot specified
  • Environment Management and Coordination Actnot specified
  • Physical Planning ActCap 286; Schedule 2; Schedule 3
  • Government Lands Act (repealed)not specified
  • Local Government Act (repealed)not specified

Cases cited (18)

  • Dina Management Limited versus County Government of Mombasa & 5 Others
    [2021] eKLR

    Land not available for allocation cannot confer title

  • Muthaiga North Residents Association versus Nyari House Limited; National Land Commission & Another (Interested Parties)
    (Environment & Land Petition 115 of 2015) [2022] KEELC 2578 (KLR)

    Availability of land for allocation

  • Republic versus Land Registrar Kilifi & Another Ex-parte Daniel Ricci
    [2013] eKLR

    Illegality of allocation of unavailable land

  • Adan Abdirahani Hassan & 2 Others versus Registrar of Titles, Ministry of Lands & 2 Others
    [2013] eKLR

    Allocation of land not available

  • Torino Enterprises Limited versus Honourable Attorney General
    [2023] eKLR

    A letter of allotment is not a title to land

  • Wreck Motors Enterprises versus Commissioner of Lands & 3 Others
    [1997] eKLR

    Letter of allotment is merely an offer

  • Dr. Joseph Arap Ng'ok versus Justice Moijo Ole Keiyua & 4 Others
    C. A 60 of 1997

    Allotment letters do not confer title

  • Bubaki Investment Company Limited versus National Land Commission & 2 Others
    [2015] eKLR

    Letter of allotment not title

  • Ali Mohamed Dagane (Granted Power of Attorney by Abdullahi Muhumed Dagane, suing on behalf of the estate of Mohmaed Haji Dagane) versus Hakar Abshi & 3 Others
    [2021] eKLR

    Probing legality of allocation

  • Philma Farm Produce & Supplies & 4 Others versus The Attorney General & 6 Others
    [2012] eKLR

    Probing legality of allocation

  • John Peter Mureithi & 2 Others versus Attorney General & 4 Others
    [2006] eKLR

    Mandate to repossess illegally allocated public land

  • Elizabeth Wambui Githinji & 29 Others versus Kenya Urban Roads Authority & 4 Others
    [2019] eKLR

    Protection of road reserves/public land

  • Kenya Airways Limited versus Satwant Singh Flora
    [2013] eKLR

    Proof of special damages

  • Peter Ouma Omolo & Another versus Awendo Town Council
    [2011] eKLR

    Assessment of damages

  • Ruxley Electronics & Construction Limited versus Forsyth
    (1995) 3 All ER 268

    Measure of damages

  • Veronica Njeri Waweru & 4 Others versus City Council of Nairobi & 2 Others
    [2012] eKLR

    Claims for damages in demolition cases

  • Nelson Kazungu Chai & 9 Others versus Pwani University College
    [2014] eKLR

    Process of allocation of government land under the repealed Government Lands Act

  • African Line Transport Company Limited vs. The Hon. Attorney General, Mombasa HCCC No. 276 of 2013
    HCCC No. 276 of 2013

    Planning precedes surveying in land allocation

Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes (Article 162(2)(b) Constitution)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Sordo v County Government of Narok & 2 others", Case Analysis (2023). Environment & Land Case 1 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21282/eng@2023-11-07

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.