Republic v National Land Commission & 2 others; John Mihiu Kimani, Patrick Kangere Kimani and Edith Nduta Kimani (Suing as the Administrators of the Estate of Stephen Kimani Mihiu - Deceased) (Exparte Applicant) (Judicial Review Application 11 of 2017) [2025] KEELC 3118 (KLR)
The bottom line
#Kenya's High Court quashed the National Land Commission's revocation of a Ruiru land title because it was made without a fair hearing and after its legal review powers had expired.
What this practically means
#Executive summary
#Key legal issues
#Whether the impugned decision was made without a fair hearing
Yes - the deceased was condemned unheard
The deceased deposed that he attended two scheduled hearings which did not take off, that the complaint was withdrawn, and that he only learned of the decision through the Gazette Notice. Those depositions remained uncontroverted because the National Land Commission elected not to respond. As a quasi-judicial body the Commission was bound by Articles 47 and 50(1) of the Constitution, Section 14 of the NLC Act and Section 4 of the Fair Administrative Action Act.
Whether the Commission's grants review mandate had lapsed
Yes - the five-year period expired on or about 2/5/2017 and the decision published on 17/7/2017 was outside the mandate
Section 14(1) of the National Land Commission Act vested review jurisdiction for five years from commencement of the Act on 2/5/2012. The Commission did not disclose the exact date of the decision, so the presumption is it was made on the publication date of 17/7/2017, outside the statutory window. The Court of Appeal in Likizo Limited confirmed that actions outside the five-year period and without extension of time are unlawful and ultra vires.
Whether there was mistaken identity as to the property subject of the decision
No - the applicant failed to discharge the burden of proving mistaken identity
On the face of the impugned decision the subject property was Ruiru Township/20. The ex-parte applicant, as the party alleging mistaken identity, was obliged to exhibit the complaint the Commission was seized of and the invitation documents, but did not do so. He therefore failed to provide conclusive evidence that the complaint related to a different title.
Legal principles established
#- Violation of the requirements for a fair hearing renders the resultant administrative decision untenable
- The National Land Commission's grants review jurisdiction under Section 14(1) of the National Land Commission Act lapses after five years and decisions made outside that period are without mandate
Court orders
#- 1.An order of certiorari quashing the impugned decision of the National Land Commission in terms of prayer 1 of the notice of motion dated 7/11/2017
- 2.Declaration that the order of certiorari does not settle the dispute on the validity or legality of the title, which must be adjudicated in a normal civil suit by way of plaint
- 3.Each party to bear their respective costs of the suit
- Jurisdiction invoked
- Order 53 of the Civil Procedure Rules (judicial review)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v National Land Commission & 2 others; John Mihiu Kimani, Patrick Kangere Kimani and Edith Nduta Kimani (Suing as the Administrators of the Estate of Stephen Kimani Mihiu - Deceased) (Exparte Applicant) (Judicial Review Application 11 of 2017) [2025] KEELC 3118 (KLR)", Case Analysis (2025). Notice of motion dated 7/11/2017 (Judicial Review). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3118/eng@2025-04-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.