Steel Products [Kenya] Limited v Gichu & 3 others (Environment and Land Case Civil Suit 54 of 2020) [2025] KEELC 580 (KLR)

Sections 4 and 5 of the Oaths and Statutory Declarations Act require every affidavit to be taken before a commissioner for oaths who states the place and date in the jurat and affixes his seal and signature. The verifying affidavit accompanying the Plaint bore no commissioning. Following the Supreme Court's decision in Konchellah v Sunkuli, the affidavit was void. With the affidavit expunged, the Plaint contravened Order 4 Rule 1(2) of the Civil Procedure Rules 2010, and since the defect surfaced only at judgment stage with no application for leave to regularise, the suit was vitiated.

Applying Torino Enterprises, an allotment letter confers no transferable interest; the Plaintiff's purchase from Georgette Mumbua Musyoka was therefore incapable of vesting title, especially as no sale agreement in writing was produced despite the disposition-of-land requirements of Section 3 of the Law of Contract Act. The vendor's allotment postdated the 1st Defendant's allotment of 21st February 1992, attached to no unalienated land, and lapsed because payment was made outside the 30-day window. The County could not trace the letter in its records, and the Plaintiff failed to call a witness from the County to prove its genuineness.

The 1st Defendant produced a letter of allotment dated 21st February 1992, a lease executed on 2nd February 2013 by the Mayor and Town Clerk of the then subsisting City Council of Nairobi, and a certificate of lease following registration in 2015. DW2, the County's witness, confirmed the allotment, lease and registration and that her documents were traceable to County records. Although a registered proprietor's root of title was under challenge, she went beyond the instrument and proved legality of acquisition as required by Munyu Maina v Hiram Gathiha Maina.

Counsel for the Plaintiff had argued that the City Council was rendered defunct upon promulgation of the Constitution 2010. The court held that local authorities remained in existence until completion of the first general election under the Constitution 2010; that election was held on 4th March 2013, after the lease's execution on 2nd February 2013. The offices of Mayor and Town Clerk were therefore in place and the execution of the lease was regular.

The Plaintiff never pleaded the value of the suit property nor produced a valuation report. Citing Superior Homes (Kenya) PLC v Water Resources Authority, the court reiterated that special damages must be stated with certainty and particularity in the plaint and proved strictly; figures cannot simply be plucked from the air. Without pleading and proof, the alternative prayer could not succeed.