Avalanche Investment Group Ltd v Makuthi & another (Being administrators of the Estate of John Makuthi Kathumba) (Enviromental and Land Originating Summons E035 of 2021) [2025] KEELC 7287 (KLR)
The bottom line
#A Nairobi court dismissed a landowner's attempt to block eviction, ruling that doubtful titles and missing key parties doomed the case.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff's certificate of title confers absolute and indefeasible ownership entitling it to a declaration and injunction
No. Despite the certificate of title, the NLC inquiry found the allocation unlawful, PW1 admitted the land could be public land and the titles were to be revoked, and the plaintiff did not challenge the NLC findings, leaving substantial doubt as to the legality of the title.
Sections 24, 25(1) and 26 of the Land Registration Act protect registered proprietors, but Section 26 permits challenge where title was acquired illegally, unprocedurally or through a corrupt scheme. Here the NLC report and Gazette Notice No. 1549 of 15/02/2019 declared the allocation irregular and recommended revocation. PW1 confirmed the finding, admitted the land could be public land, and admitted KAA was to issue new leases that never issued. The valuer could not even perform a search over the parcels, raising doubt as to their existence.
Whether the NLC could revoke the plaintiff's titles
NLC lacks power to revoke titles; it only recommended revocation. Only the court under Section 80(1) of the Land Registration Act can order cancellation of registration, per the Supreme Court decision in the Matter of the National Land Commission [2015] eKLR.
The court agreed with the applicant's submission that NLC has no revocation authority, citing the Supreme Court advisory opinion. Section 14 of the National Land Commission Act permits review of grants and, on a finding of unlawfulness, a direction to the Registrar to revoke - but in this case NLC merely recommended revocation, which was never effected. The plaintiff's titles therefore had not been cancelled.
Whether failure to join NLC and KAA affected the suit
Yes. The plaintiff admitted the land was part of the airport (public land) and did not challenge the NLC findings, so NLC and KAA ought to have been joined; their absence undermined the plaintiff's claim.
The court found the evidence raised doubt whether the suit properties exist, since the valuer could not perform a search. Given the constitutional mandate of the NLC and KAA's interest as the public body over JKIA land, their joinder would have assisted the court in determining the competing claims. The plaintiff's unilateral suit could not resolve matters touching on public land allocation and compensation.
Legal principles established
#- The National Land Commission lacks the authority to revoke a title; only the court under Section 80(1) of the Land Registration Act, 2012 has the power to order cancellation of a registration.
- A certificate of title is prima facie evidence of absolute and indefeasible ownership but may be challenged on grounds of fraud, misrepresentation, illegality, unprocedural acquisition or corrupt scheme (Section 26, Land Registration Act).
Court orders
#- 1.The Amended Originating Summons herein has no merit and it is hereby dismissed.
- 2.The Respondent shall have costs of the suit herein.
- Jurisdiction invoked
- Original civil jurisdiction over land disputes; suit brought by Amended Originating Summons under the Civil Procedure Rules 2010 (Order 11 compliance noted)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Avalanche Investment Group Ltd v Makuthi & another (Being administrators of the Estate of John Makuthi Kathumba) (Enviromental and Land Originating Summons E035 of 2021) [2025] KEELC 7287 (KLR)", Case Analysis (2025). Amended Originating Summons dated 25/2/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7287/eng@2025-10-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.