Gachango & another v National Land Commission & another; Tena Residents Association (Interested Party) (Environment & Land Petition 24 of 2017) [2024] KEELC 3838 (KLR)

The Court applied the Torrens system and section 26(1) of the Land Registration Act, which confers absolute and indefeasible title subject only to proof of fraud or misrepresentation to which the proprietor is a party, or illegal or corrupt acquisition. Applying the Katende bona fide purchaser criteria, the Petitioners bought for value from Continental Developers Ltd, whose valid title was never impeached; the Interested Party failed to prove the vendor's title invalid or that the Petitioners were party to any fraud.

Although the Gazette Notice invited interested parties, the 1st Respondent produced no minutes confirming the Petitioners attended or were heard. Once the Petitioners asserted they were never heard, the burden shifted to the Respondents to demonstrate a hearing occurred. Failing that, the revocation was procedurally unfair, violating the right to fair administrative action and the protection against arbitrary deprivation of property.

Neither Article 67 nor the NLC Act confers registration or revocation powers on the Commission; its roles are preparatory steps toward title registration. Section 14(4) of the NLC Act mandates only a recommendation, not a determination of ownership. The power to revoke titles is vested in the Registrar, and the Commission cannot usurp the powers of a court of competent jurisdiction. The Gazette revocation was therefore tainted with illegality.