Peter & 9 others (Petitioning on Their Own Behalf and on Behalf of 50 Co-Petitioners) v County Government of Isiolo & 3 others (Petition E001 of 2025) [2025] KEELC 5184 (KLR)
The bottom line
#The Environment and Land Court in Isiolo dismissed 54 residents' claims to plots near Isiolo Airstrip because they could not prove they were ever formally allocated the land.
What this practically means
#Executive summary
#Key legal issues
#Whether petitioners acquired lawful rights over the plots
No. No certified council minutes, letters of allotment, or approved part development plans were produced; plots were unnamed and lacked particulars.
Allocation by the defunct County Council of Isiolo would be discernible only in duly certified minutes under section 80 of the Evidence Act; allotments over trust land required a part development plan under section 3 of the Physical Planning Act. The annexed plans were undated, unsigned and unapproved, hence devoid of probative value, and no allotment letters were tendered.
Whether the compulsory acquisition claim is tenable against the 2nd Respondent
Not tenable. Kenya Airports Authority had no power of compulsory acquisition; under the repealed Land Acquisition Act that power vested in the Commissioner of Lands, and now in the National Land Commission.
Section 6 of the Land Acquisition Act (Cap 295, repealed) empowered the Minister to direct the Commissioner to acquire land compulsorily. By 2016 the power had vested in the NLC under the Land Act 2012 and Article 67(2) of the Constitution. The claim against the 2nd Respondent was therefore misplaced and the petitioners non-suited on that limb.
Whether the declaration on adjudication sections is tenable
Not tenable. The areas are public land under Article 62; only the NLC may act in respect of them.
The designated areas, previously trust land, now constitute public land whose administration and management vests in the National Land Commission. Neither the County Government of Isiolo nor the Cabinet Secretary has capacity to declare public land an adjudication section; such action would be ultra vires and unconstitutional.
Whether a mandatory order can compel the 3rd Respondent to declare adjudication areas
No. Trust land has ceased to exist, the Trust Land Act was repealed, section 3 of the Land Adjudication Act confers discretion, and the prayer misapprehends Articles 62 and 67(2).
The Trust Land Act was repealed by the Land Registration Act 2012, superseding section 3 of the Land Adjudication Act to the extent it references trust land. Further, section 3 uses 'may' not 'shall', vesting a discretion in the Minister which a court cannot command. The relief is legally untenable.
Legal principles established
#- A letter of allotment does not by itself confer an interest in land; title arises only upon issuance of the allotment letter, fulfilment of its conditions and issuance of a certificate of title or lease
- Administration and management of public land vests exclusively in the National Land Commission; a county government or Cabinet Secretary cannot declare public land an adjudication section
- Where a statute vests a discretion, a court cannot compel its exercise in a particular manner
- Constitutional petitions require reasonable precision in pleading, including particulars of the property claimed; courts do not create rights but only vindicate acquired rights
Court orders
#- 1.The Petition be and is hereby dismissed
- 2.Each party shall bear own costs
- Jurisdiction invoked
- Original constitutional petition jurisdiction; petition transferred to Isiolo vide the orders of Hon. Justice B. M Eboso, Judge
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter & 9 others (Petitioning on Their Own Behalf and on Behalf of 50 Co-Petitioners) v County Government of Isiolo & 3 others (Petition E001 of 2025) [2025] KEELC 5184 (KLR)", Case Analysis (2025). Isiolo ELC Petition E001 of 2025 (originally Petition dated 21st October 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5184/eng@2025-07-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.