Ethics and Anti-Corruption Commission v Ogonji & another (Environment and Land Case Civil Suit 39 of 2020) [2025] KEELC 1446 (KLR)
The bottom line
#A Kenyan court cancelled a lease over railway land, confirming that even registered titles can be voided when land was allocated illegally.
What this practically means
#Executive summary
#Key legal issues
#Whether the allocation of the suit property to the 1st Defendant was lawful
The allocation was unlawful and unprocedural because the suit property was created from land reserved for and vested in Kenya Railways and was therefore not available for allocation by the Commissioner of Lands.
The evidence traced the land through vesting under Legal Notices 440 of 1963, 20 of 1969 and 24 of 1986. There was no evidence of de-gazettement or surrender to the Government before the 1998 allocation. Under section 3(a) of the Government Lands Act the Commissioner could only dispose of unalienated government land, which this land was not. The suit remained undefended and the evidence was unchallenged.
Whether the lease and certificate of lease conferred any lawful interest on the 1st Defendant
The lease and certificate of lease were null and void and conferred no proprietary interest, since the title was acquired illegally and unprocedurally.
Although sections 27 and 28 of the Registered Land Act and sections 24, 25 and 26 of the Land Registration Act 2012 confer indefeasibility, section 26(1)(b) of the 2012 Act excepts titles acquired illegally, unprocedurally or through a corrupt scheme. Having found the allocation irregular, the court held the resulting title void, applying Macfoy and Wambui v Mwangi.
Whether the Plaintiff is entitled to the reliefs sought
The Plaintiff proved its claim on a balance of probabilities and was granted declarations, rectification of the register and a permanent injunction, but not general damages for fraud.
The suit was undefended and the averments unrebutted. The court found the claim proved to the standard of a balance of probabilities. Prayers (a) to (e) were granted; prayer (f) failed for want of supporting evidence, and costs were not awarded against the undefended Defendants.
Legal principles established
#- Land reserved for a public body and vested under a legal notice is not unalienated government land available for allocation by the Commissioner of Lands unless surrendered or the reservation is revoked.
- A title acquired illegally, unprocedurally or through a corrupt scheme is a nullity and confers no proprietary interest.
- An act which is a nullity need not be set aside by any order of court; it is automatically void, as held in Macfoy v United Africa Co Ltd.
Court orders
#- 1.A declaration that the issuance of a lease by the 2nd Defendant to the 1st Defendant over Kisumu Municipality/Block 7/559 was null and void ab initio and ineffectual to confer any right, interest or title upon the 1st Defendant
- 2.A declaration that the registration of the lease and issuance of a certificate of lease over the suit property to the 1st Defendant was null and void and ineffectual to confer a good title
- 3.An order directing the Land Registrar Kisumu to rectify the register by cancelling the 1st Defendant's registration as leasehold proprietor and restoring the property in the name of Kenya Railways Corporation
- 4.An order of permanent injunction restraining the 1st Defendant from leasing, transferring, charging, entering upon, developing or in any manner dealing with the suit property
- 5.Each party shall bear its costs of the suit
- Jurisdiction invoked
- Ethics and Anti-Corruption Commission Act, 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ethics and Anti-Corruption Commission v Ogonji & another (Environment and Land Case Civil Suit 39 of 2020) [2025] KEELC 1446 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1446/eng@2025-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.