Sacapheso International Limited v National Land Commission & 4 others; Eversweet Bakery Limited (Interested Party) (Environment & Land Petition 7 of 2019) [2025] KEELC 898 (KLR)
The bottom line
#Kenya's Land Court quashed a Gazette Notice that gave Kisii land to an estate whose title was never properly reviewed by the National Land Commission.
What this practically means
#Executive summary
#Key legal issues
#Validity of NLC revocation of title by Gazette Notice as against a party whose title was not under complaint
The Gazette Notice vesting title in the 5th respondent was quashed insofar as it affected the suit parcel, since the complaint concerned only the petitioner's title and the interested party's title was never interrogated.
The Gazette Notice vested titles in the 5th respondent over many parcels following a complaint about the petitioner's title. The court had already found in Kisii ELC No. 439 of 2015 that the interested party held the better title against the petitioner, so the petitioner had no title to protect. Since the NLC process never interrogated the interested party's title, allowing the Notice to vest the land in the 5th respondent would be unjust; the Notice was quashed as to the suit parcel, with liberty for the 5th respondent to sue the interested party.
Whether the petitioner was entitled to the remaining constitutional and judicial review reliefs
The other prayers were refused because the petitioner's title had been cancelled in the sister suit.
The court noted it had delivered judgment the same day in Kisii ELC No. 439 of 2013/2015, finding the interested party to hold the better title and ordering cancellation of the petitioner's title. With no subsisting title, the petitioner had nothing to protect and could not benefit from prohibition, injunction or declarations beyond the quashing of the Gazette Notice.
Legal principles established
#- A Gazette Notice vesting title in a person whose title was not the subject of the NLC complaint and was not interrogated cannot stand.
Court orders
#- 1.Certiorari quashing Gazette Notice No. 6862 of 17 July 2017 in respect of the land parcel Kisii Municipality/Block III/289 only
- 2.Dismissal of all other prayers in the petition
- 3.No orders as to costs
- Jurisdiction invoked
- Constitutional petition (Article 67 of the Constitution and National Land Commission Act invoked); judicial review remedies sought in petition
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sacapheso International Limited v National Land Commission & 4 others; Eversweet Bakery Limited (Interested Party) (Environment & Land Petition 7 of 2019) [2025] KEELC 898 (KLR)", Case Analysis (2025). Kisii ELC Petition (as filed on 4 November 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/898/eng@2025-02-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.