Leting & 2 others (Suing as Executors of the Estate of Joseph Tendenei arap Leting) v National Land Commission; Kenya Railways Staff Retirement Benefits Scheme & another (Interested Parties) (Environment and Land Judicial Review Case 11 of 2018) [2024] KEELC 6604 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled the National Land Commission can review even private land titles if they originated from public land, dismissing the owners' bid to stop the review.
What this practically means
#Executive summary
#Key legal issues
#Whether the exparte applicants' right to a fair hearing was breached by the Commission's notice
No breach occurred; no hearing took place on 27.2.2016 and the applicants' fears were anticipatory
The notice advertised a hearing on 27.2.2016, which turned out to be a Saturday. No hearing took place; the error was explained to the deceased's representatives on 24.2.2016. The applicants were resisting any hearing at all, so their apprehension of a breach of natural justice was premature and unfounded at the time of filing the suit.
Whether the National Land Commission had jurisdiction to review the grant over L.R. 209/6506/1
The Commission had statutory jurisdiction to review the grant as the complaint alleged the land was public land converted to private land
Article 68(c)(v) of the Constitution and Section 14 of the National Land Commission Act empower the Commission to review grants or dispositions of public land to establish their propriety or legality, including titles birthed by unlawful conversion of public land. It was sufficient that the scheme lodged a complaint on the basis that the land was public land at the time of alienation; the merits of acquisition are for the review, not the judicial review court.
Legal principles established
#- Judicial review is concerned with the decision-making process, not the merits of the decision itself
- The National Land Commission has jurisdiction to review grants of public land including land unlawfully converted from public to private land
- The audi alteram partem rule requires prior notification of proposed administrative action and of any hearing
Court orders
#- 1.The Judicial Review proceedings are dismissed with costs to the Respondent and the 1st Interested Party
- Jurisdiction invoked
- Judicial review jurisdiction of the High Court/Environment and Land Court over the National Land Commission; constitutional and statutory basis of the impugned mandate being Article 68(c)(v) of the Constitution and Section 14 of the National Land Commission Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Leting & 2 others (Suing as Executors of the Estate of Joseph Tendenei arap Leting) v National Land Commission; Kenya Railways Staff Retirement Benefits Scheme & another (Interested Parties) (Environment and Land Judicial Review Case 11 of 2018) [2024] KEELC 6604 (KLR)", Case Analysis (2024). Judicial Review Case No. 117 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6604/eng@2024-10-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.