Kiogora & 6 others v National Land Commission & another (Environment & Land Petition E001 of 2023) [2024] KEELC 6092 (KLR)
The bottom line
#Landowners who skipped the statutory process for removing title restrictions lost their constitutional petition at the Meru Environment and Land Court.
What this practically means
#Executive summary
#Key legal issues
#Whether the petition met the constitutional threshold for enforcement of fundamental rights
It did not; apart from invoking Article 40, the petition failed to specify the Articles infringed, the manner of infringement or particulars of loss
The court applied Annarita Karimi Njeru, Mumo Matemu and CCK v Royal Media requiring precision in constitutional pleadings, and found the petition did not link the claim to the Articles contravened nor plead the respondents' roles in registering the restrictions.
Whether the petitioners exhausted the statutory dispute-resolution mechanism
They did not; Sections 68, 77 and 78 of the Land Registration Act and the Fair Administrative Actions Act provide the route for lifting restrictions
The court noted the same petitioners had been told in earlier ELC proceedings (Meru ELC OS No. E002 of 2022) to invoke the statutory procedure, yet instead of appealing or following it they filed a constitutional petition against parties who never registered the restrictions.
Whether a cause of action was disclosed against the respondents
None was disclosed; the respondents had no statutory or constitutional role in registering the restrictions
The exhibits showed the chief land registrar imposed the restrictions, and the chief land registrar's office is autonomous and can sue and be sued. The restrictions predated the National Land Commission's creation under the 2010 Constitution, so the Commission could not be liable for them.
Legal principles established
#- A constitutional petition must be pleaded with specificity, clarity and particularity, disclosing the Articles infringed, the nature of the breach and particulars of loss
- Claims concerning restrictions, cautions or inhibitions on registered land must first follow the statutory procedure under the Land Registration Act rather than a constitutional petition
- Where a matter can be resolved without recourse to the Constitution, the Constitution should not be invoked at all
- The exhaustion doctrine requires a party to first utilise available alternative dispute mechanisms unless they are not efficacious or sufficient
Court orders
#- 1.The petition is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Article 22 and Article 23 of the Constitution (enforcement of Bill of Rights); Articles 19, 20, 21, 258 and 260 read with the Constitution of Kenya (Protection of Fundamental Rights and Freedoms) Practice and Procedure Rules 2013
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiogora & 6 others v National Land Commission & another (Environment & Land Petition E001 of 2023) [2024] KEELC 6092 (KLR)", Case Analysis (2024). Petition dated 6.7.2024 (Meru ELC Constitutional Petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6092/eng@2024-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.