Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCStruck Out· [2025] KEELC 75 (KLR)

Nairobi City County v Langton Investment Limited & another (Environment & Land Case E177 of 2024) [2025] KEELC 75 (KLR)

Environment and Land Court
16 January 2025
MMM.D. Mwangi
1,606 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court struck out a land recovery suit filed before the mandatory Section 31 Land Act notice was issued.

What this practically means

#

Executive summary

#
The 1st Defendant applied to strike out the Plaintiff's suit with costs, arguing that the suit property is not public land, that the suit was the seventh concerning the property and an abuse of process, and that the Plaintiff had failed to serve the notice prescribed under Section 31 of the Land Act specifying the special conditions allegedly breached before filing suit. The Plaintiff, in a replying affidavit sworn by Cecelia Koigu, opposed, contending that striking out was drastic, that triable issues existed regarding an improper change of user from educational to residential purposes in breach of special conditions in grant I.R. 57907, and that the Section 31 notice was a matter for the National Land Commission and did not bar a suit on the legality of a change of user. The 2nd Defendant supported the application. The court canvassed the application by written submissions and framed a single issue: whether the Plaintiff complied with Section 31 of the Land Act before filing suit and whether non-compliance was fatal. Adopting the Court of Appeal's decision in Shree Visa Oshwal Community, M.D. Mwangi J held that the suit was essentially one for forfeiture of land for breach of covenants in the grant, that the Section 31 notice is a mandatory prerequisite to such a suit, protective of lessees against arbitrary deprivation of property, and binding even on the National Land Commission and the governments. The Plaintiff's suit was admittedly filed before the notice issued. The court struck out the suit in its entirety with costs to the 1st Defendant.

Key legal issues

#
01

Whether the Plaintiff's suit was fatally defective for want of prior notice under Section 31 of the Land Act

Holding

Yes. The notice is a mandatory prerequisite to a suit for recovery of land for breach of covenants in a grant, and the Plaintiff admittedly filed suit before issuing such notice.

Reasoning

The court characterised the plaint as one for forfeiture of land for breach of conditions in the original grant, with the incidental declaration on change of user. Relying on Shree Visa Oshwal Community, it held that Section 31 of the Land Act is a deliberate protective procedure for lessees against arbitrary deprivation of property under Article 40(2). The notice requirement binds the National Land Commission and both levels of government. The Plaintiff's failure to issue the notice before filing was undisputed and was fatal to the suit, which was struck out in its entirety.

p. 4

Legal principles established

#
  • Issuance of notice under Section 31 of the Land Act is a mandatory prerequisite to filing a suit for recovery of land for breach of conditions in a grant, including suits by the NLC or the National or County Governments
  • Section 31 of the Land Act is a procedure deliberately set out to cushion lessees against arbitrary deprivation of property (as per the Court of Appeal in Shree Visa Oshwal Community)

Court orders

#
  1. 1.Struck out the Plaintiff's suit in its entirety with costs to the 1st Defendant

Authorities

#

Legislation

  • Land ActSection 31
  • Constitution of Kenya, 2010Article 62(1)(a)
  • Constitution of Kenya, 2010Article 40(2)
  • Constitution of Kenya, 2010Article 64(b)
  • Constitution of Kenya, 2010Article 67 (cited as 'Article 167' in the judgment)

Cases cited (1)

  • Shree Visa Oshwal Community Nairobi Registered Trustees – vs Attorney General, Commissioner of Lands, Cabinet Secretary in charge of Education and Gideon Kioko Mbuvi
    (2019) KECA 942 (KLR)
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court (suit for forfeiture of land and rectification of register)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Nairobi City County v Langton Investment Limited & another (Environment & Land Case E177 of 2024) [2025] KEELC 75 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/75/eng@2025-01-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.