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ELCPartially AllowedNot stated in the judgment as provided· [2025] KEELC 1064 (KLR)

Ntutu v County Council of Narok & 2 others (Environment & Land Case 21 of 2021) [2025] KEELC 1064 (KLR)

Environment and Land Court of Kenya
6 March 2025
26,760 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~107 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court upheld a private landowner's title, stripped a defunct county council of its rights to collect Maasai Mara land revenues, and ordered the money repaid.

What this practically means

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Executive summary

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In this first-instance Environment and Land Court suit, the plaintiff, Livingstone Kunini Ntutu, sued as first registered proprietor of Cis-Mara/Talek/155 (approximately 1610 hectares), acquired through the Talek Adjudication Section declared on 6th May, 1997 following the cessation of the Talek area from the Maasai Mara National Reserve under Legal Notice No. 412 of 1992. He sought a declaration that the 1st defendant's (County Council of Narok's) reversionary and revenue-collecting rights over a 20-acre leased portion held by the 2nd defendant, Olkiombo Limited, were extinguished upon his registration on 14th October, 1997, together with a permanent injunction, accounts, payment of monies collected, interest and costs. The 1st defendant counterclaimed for cancellation of the registration, contending the adjudication was invalid, that the correction notice of 31st July, 1997 excluded the suit land, and that only 154 (or 135) parcels - not 155 - resulted from the exercise. The 2nd and 3rd defendants' counterclaims were withdrawn. The court framed four issues: validity of the title, entitlement to the plaint orders, entitlement to the counterclaim orders, and costs. Applying the Manangoi decision, the court held the adjudication officer lacked power to correct or cancel a published declaration of an adjudication section, and no implementation of the 31st July, 1997 correction on the ground was shown. The 1st defendant, having itself obtained parcels 152 and 153 in the same adjudication, forfeited its right to object by failing to invoke Section 25 of the Land Adjudication Act. The court also held the 1st defendant was bound by its pleadings and could not invoke Article 40(6) of the 2010 Constitution retrospectively. The suit was allowed with a declaration, injunction, accounts within thirty days, payment of monies due, interest and costs; the defence and counterclaim failed.

Key legal issues

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01

Whether the correction notice of 31st July, 1997 lawfully altered the adjudication section declared on 6th May, 1997

Holding

The principal land adjudication and settlement officer had no power to order a correction of the declaration notice after publication, and there is no record of the correction being implemented on the ground; the adjudication as declared on 6th May, 1997 stood

Reasoning

Relying on Manangoi v Attorney General, the court held that Section 5 of the Land Adjudication Act empowers declaration of an adjudication section but the Act does not donate power to cancel such a declaration once gazetted. The correction notice of 31st July, 1997 was issued after the register had been declared complete and the certificate of finality issued on 29th August, 1997, and the Act allows post-completion changes only through objections under Section 25. No record showed the correction was implemented on the ground.

p. 37
02

Whether the 1st defendant could challenge the plaintiff's title after failing to object during the adjudication process

Holding

The 1st defendant, having acquired parcels 152 and 153 out of the same adjudication and thus knowing of the process, forfeited its right to raise any objection or claim by failing to use the Section 25 mechanism

Reasoning

The court found the 1st defendant was aware of the ongoing adjudication because it benefited from parcels 152 and 153. The proper avenue for any grievance was an objection under Section 25 of the Land Adjudication Act. Instead, the 1st defendant engaged Gatome and Associates for survey work long after individuals had acquired interests, and the court characterized this as waking up from slumber too late.

p. 36
03

Whether the 1st defendant could rely on Article 40(6) of the 2010 Constitution to attack the plaintiff's title

Holding

Having never pleaded Article 40(6) in its defence and counterclaim or sought leave to amend, the 1st defendant could not invoke it in submissions, and the 2010 Constitution cannot apply retrospectively to a title issued in 1997

Reasoning

The court held parties are bound by their pleadings. The 1st defendant's defence and counterclaim was filed in 2000, well before the 2010 Constitution, and no amendment was sought. The 1st defendant therefore did not challenge the history of the plaintiff's title in the manner it ought to have done, and reliance on Article 40(6) in submissions was misplaced.

p. 37
04

Whether the plaintiff is entitled to an account of revenues collected by the 1st defendant over the suit land

Holding

The 1st defendant had no business remaining on the plaintiff's land or collecting monies that ought to have been collected by the plaintiff, and is duty bound to render an accurate account and pay over the monies

Reasoning

Having found the title valid and the 1st defendant's continued occupation and revenue collection unjustified, the court held the plaintiff, as registered proprietor from 14th October, 1997, was entitled to the declaration, injunction, accounts, payment of moneys found due and interest as prayed in the amended plaint.

p. 37

Legal principles established

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  • A land adjudication officer has no statutory power to cancel or correct a declaration of an adjudication section after it has been published, and any dispute arising from an adjudication process must be resolved through the objection mechanism under Section 25 of the Land Adjudication Act; a party aware of the process that fails to object forfeits its right to challenge it collaterally in court
  • A party is bound by its pleadings and cannot invoke Article 40(6) of the Constitution of Kenya 2010 for the first time in submissions to attack a title acquired under the former constitutional and statutory regime

Court orders

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  1. 1.A declaration that with effect from 14th October, 1997, all rights interests and privileges hitherto enjoyed or had by the 1st defendant in or over or in relation to the leased portion, including reversionary interest, levying or collection of rent, tariffs, royalties, fees or other revenue, were extinguished and vested in the plaintiff
  2. 2.A permanent injunction restraining the 1st defendant from purporting to exercise such purported rights, interests or privileges and in particular from demanding, levying or collecting rent, tariffs, royalties, fees or any other revenue in respect of the leased portion
  3. 3.An account of all rent, tariffs, royalties, fees and other revenue collected or received by the 1st defendant from the 2nd defendant and any other person since 14th October, 1997, to be rendered within thirty (30) days from the date of judgment
  4. 4.An order for payment by the 1st defendant to the plaintiff of all moneys received or found due on the taking of such accounts
  5. 5.Interest on the amount found due to the plaintiff at such rate and for such period as the court shall think fit
  6. 6.Costs of the suit to the plaintiff
  7. 7.Dismissal of the 1st defendant's defence and counterclaim dated 7th October, 2000
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court (Article 162(2)(b), Constitution of Kenya), determining the amended plaint and the 1st defendant's counterclaim

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ntutu v County Council of Narok & 2 others (Environment & Land Case 21 of 2021) [2025] KEELC 1064 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1064/eng@2025-03-06

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