Mwichwiri Farmers Company Limited v Settlement & 3 others; Lawrence Mwangi Wambooh & 600 other Members of Mwichwiri Farmers Company Limited (Interested Party) (Environment & Land Petition 09 of 2017) [2024] KEELC 6359 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the resurvey of the suit property infringed Articles 40 and 47 of the Constitution
No infringement established; the resurvey was carried out in compliance with subsisting court orders and the Petitioner failed to prove illegality, irrationality or procedural impropriety.
The court traced the litigation history from 1990, noting consent orders stopping issuance of titles, a reference to the Kieni Land Disputes Tribunal, and orders of 1st August 2001 authorising the Executive Officer to sign documents for resurvey. The Petitioner had long frustrated implementation, its 2004 application to set aside the orders was dismissed for want of jurisdiction, and the 2017 survey merely enforced those orders.
Whether the Petitioner was deprived of its property
The Petitioner was not deprived; it had surrendered the main title in 1990 for purposes of issuing individual titles to shareholders.
PW1 conceded the main title had been surrendered to the Government in September 1990 for purposes of getting individual titles, and that members had lived on the land for nearly 50 years without titles, with an outcry from Interested Parties demanding their titles. No evidence showed any shareholder deprived of land by the Respondents' actions.
Whether the Petition was an abuse of court process
Yes; it was filed to prolong the Petitioner's hold on the suit land.
Given the long history of court orders directing resurvey and issuance of titles, and the cancellation of the 1989 R.I.M by order of 4th July 2002, the court found the Petition had been filed for a nefarious purpose, relying on a cancelled survey to resist enforcement of valid orders.
Legal principles established
#- Under Article 47 of the Constitution, administrative action is subject to judicial review on the grounds of illegality, irrationality or procedural impropriety.
- A party asserting deprivation of property under Article 40 bears the burden of demonstrating that the State unjustifiably and unreasonably disentitled lawful owners of their property.
Court orders
#- 1.The Petition dated 30th June 2017 is dismissed
- 2.Costs of the Petition awarded to the Respondents
- Jurisdiction invoked
- Articles 20, 21, 22, 40 and 47 of the Constitution of Kenya, 2010 and Sections 4, 5 and 7 of the Fair Administrative Action Act, 2015
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwichwiri Farmers Company Limited v Settlement & 3 others; Lawrence Mwangi Wambooh & 600 other Members of Mwichwiri Farmers Company Limited (Interested Party) (Environment & Land Petition 09 of 2017) [2024] KEELC 6359 (KLR)", Case Analysis (2024). Fair Administrative Action No. 4 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6359/eng@2024-10-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.