Oike Keenyokie Suswa Trust Registered Trustees v County Government of Narok & 2 others (Environment & Land Case E003 of 2022) [2024] KEELC 109 (KLR)
The bottom line
#The Environment and Land Court in Narok cancelled a county government's title to community land, ordering it registered to the community trust that was promised it.
What this practically means
#Executive summary
#Key legal issues
#Whether the defunct Narok County Council resolved to grant the suit property to the plaintiff and whether the 1st defendant's subsequent self-registration breached legitimate expectation
Yes - the 1st defendant failed in its promise; registration of the title in its own name was unlawful, unprocedural and an abuse of power
The extract minutes of 25th July 2000, whose authenticity was disputed only on formal grounds, were corroborated by PW2's uncontroverted testimony that he attended the meeting, and by the letter of 6th February 2014 signed by the interim County Secretary Stella Langat, which DW1 admitted was written by his predecessor. The court applied the three questions in R (Bibi) and the Keroche and Shake authorities: a public body cannot depart from a promise without overriding interest. The defence that the land is community land held in trust was rejected as lame and inexcusable.
Whether the plaintiff discharged its burden of proof
Yes, on a balance of probabilities the plaintiff proved a cause of action against the defendants
Relying on Sections 107, 109 and 112 of the Evidence Act, the court found the plaintiff's documentary evidence (extract minutes, trust incorporation and the 2014 letter) uncontroverted in substance. The 1st defendant did not rebut the minutes or produce its own records, and the 2nd and 3rd defendants called no witness at all.
Legal principles established
#- A public body must be held accountable to its promises and actions; an abrupt change targeted at a particular party is an abuse of power
- He who alleges must prove - burden of proof lies on the party asserting facts (Section 107, Evidence Act)
Court orders
#- 1.A declaratory order that the registration of Title No. Cis Mara/Suswa Kitet/2 in the name of the 1st defendant was unlawfully and unprocedurally obtained
- 2.The Land Registrar, Narok County directed to cancel the certificate of title in respect of Cis Mara/Suswa Kitet/2 registered in the name of the 1st defendant
- 3.The Land Registrar, Narok County directed to register the property known as Cis Mara/Suswa Kitet/2 in the name of the plaintiff
- 4.Plaintiff entitled to costs of the suit, to be incurred by the 1st defendant
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land title registration and fraud (not expressly stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Oike Keenyokie Suswa Trust Registered Trustees v County Government of Narok & 2 others (Environment & Land Case E003 of 2022) [2024] KEELC 109 (KLR)", Case Analysis (2024). ELC Case (Narok) - filed 11th April, 2022 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/109/eng@2024-01-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.