County Government of Kakamega v Mulama (Environment and Land Case E22 of 2022) [2025] KEELC 5524 (KLR)
The bottom line
#A Kenyan court took back allocated public land because the owner left it undeveloped, confirming development deadlines in government leases are strictly enforced.
What this practically means
#Executive summary
#Key legal issues
#Whether the defendant breached the fundamental terms of the lease
The court held that the defendant breached Special Condition No. 2 requiring submission of building plans within six months and development within 24 months, so the plaintiff's right of forfeiture had accrued.
The lease required the defendant to submit building plans within six months of registration and to develop the land within 24 months. Evidence, including the certificate of search, lease and committee report, showed the property remained undeveloped for over 10 years. Development was held to be a fundamental covenant of leases over allocated public land, and its breach triggered the lessor's accrued right of forfeiture under the Land Act.
Whether the plaintiff complied with the statutory procedure for forfeiture
The court found the plaintiff complied, having published a notice, served a further notice by WhatsApp, offered the defendant a hearing before its Appeals Panel, and allowed over 30 days to remedy the breach.
Sections 73(1) and 75 of the Land Act require a notice of not less than thirty days specifying the breach before forfeiture. The plaintiff published notice on 16th February 2021, served a repossession notice on 31st January 2022 by WhatsApp, and accorded the defendant an opportunity to be heard before the Appeals Panel. The suit, filed on 13th May 2022, came well after the notice period, during which the defendant did not remedy the breach.
Whether undeveloped allocated public land reverts to the Government
The court held that where allocated public land is not developed per the lease, it automatically reverts to the national or county government per section 12(9) of the Land Act and Article 60 land policy principles.
Article 60(1) of the Constitution requires land to be held, used and managed equitably, efficiently, productively and sustainably. Allocated public land remains a conditional lease over which the National Land Commission and the granting government superintend. Public land is allocated for sustainable development, not speculation; where a lessee fails to develop, equity requires the land be taken away and given to those who can put it to productive use.
Legal principles established
#- Public land allocated to a private individual that is not developed as required by the lease automatically reverts to the National or County Government.
- The covenant to develop allocated public land is so fundamental that breach cancels the lease.
- An undefended claim must still be proved to the required standard by the claimant.
Court orders
#- 1.That the lease in respect to land parcel title No. Kakamega Municipality/Block III/123 is forfeited on account of the defendant's lack of development of the land
- Jurisdiction invoked
- Original jurisdiction under the Land Act and Article 60 of the Constitution over forfeiture of a lease of public land converted to private land by allocation
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Kakamega v Mulama (Environment and Land Case E22 of 2022) [2025] KEELC 5524 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5524/eng@2025-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.