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ELCDismissedNot stated in judgment· [2024] KEELC 4900 (KLR)
Republic v National Land Commission; Ridgeways International Ltd (Exparte Applicant); Milicoins Limited & another (Interested Parties) (Environment and Land Case Judicial Review Application 31 of 2018) [2024] KEELC 4900 (KLR)
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·~10 min to read original · ~4 min briefThe bottom line
#The Environment and Land Court in Machakos dismissed a landowner's attempt to force the National Land Commission to act, because the matter was already settled and pursued elsewhere.
What this practically means
#Executive summary
#The ex parte Applicant, Gathumbi Mwangi, moved the Court by Notice of Motion dated 15th July 2019 seeking an order of mandamus compelling the National Land Commission (NLC) to issue a decision or determination on the legality and propriety of LR no. 337/4762 and LR no. 337/4763 in Mavoko, Machakos County, following inquiry proceedings concluded on 18th February 2016. The Applicant complained that the NLC's Chairman revoked its title by letter dated 7th October 2015 without delivering a determination or reasons, contrary to Sections 112(3)(a) and 113 of the Land Act, Section 14 of the National Land Commission Act, Article 47 of the Constitution and the Fair Administrative Actions Act, and that compensation was directed to the Interested Parties. The Respondent filed Grounds of Opposition asserting its jurisdiction under Section 14 of the NLC Act, while the 1st Interested Party, Sai Prasad Parchuri, argued the application was overtaken by events, filed out of the six-month window, and that land-ownership disputes must be brought by plaint. The court framed one issue: entitlement to mandamus. Relying on the Wednesbury principles from Council for Civil Service Unions and the mandamus principles in Republic v Kenya National Examinations Council ex parte Gathenji and the NEMA (Hakika Transport) case, the court held the dispute's fulcrum was compulsory acquisition, a matter for the Land Acquisition Tribunal with appeals lying to the ELC. Noting the Applicant had participated in the NLC proceedings, its title had already been revoked, the Interested Party had been compensated, and a subsisting suit (Machakos ELC no 127 of 2017) covered the same subject matter, the court found the orders overtaken by events and no irrationality or unreasonableness on the Respondent's part. The Notice of Motion was dismissed with each party bearing their own costs.
Key legal issues
#01
Entitlement to mandamus to compel the NLC to issue a determination on review of titles
Holding
Not entitled; the application was dismissed as overtaken by events and lacking merit
Reasoning
The court found the dispute's fulcrum was compulsory acquisition of land, for which the Land Acquisition Tribunal is the primary forum with the ELC hearing appeals. The Applicant participated in the NLC proceedings, its title had been revoked and the Interested Party compensated in 2015, and it had already filed a subsisting civil suit (Machakos ELC no 127 of 2017) over the same subject matter. Mandamus would issue in vain and came too late.
p. 6
Legal principles established
#- Mandamus cannot issue in vain or too late after the underlying decision has been implemented, especially where the applicant participated in the proceedings and has an alternative civil remedy.
- Disputes emanating from compulsory acquisition of land fall to the Land Acquisition Tribunal in the first instance, with the ELC hearing appeals.
Court orders
#- 1.The Notice of Motion dated 15th July 2019 is dismissed
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Judicial review jurisdiction under Section 8 of the Law Reform Act and Section 7 of the Fair Administrative Actions Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v National Land Commission; Ridgeways International Ltd (Exparte Applicant); Milicoins Limited & another (Interested Parties) (Environment and Land Case Judicial Review Application 31 of 2018) [2024] KEELC 4900 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4900/eng@2024-06-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.