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ELCPartially AllowedELC Petition No. E014 of 2022 (Lead) and ELC Petition No. E005 of 2025 (Consolidated)

Mohamed & 4 others v National Land Commission & 12 others (Environment and Land Petition E014 of 2022 & E005 of 2025 (Consolidated)) [2025] KEELC 7597 (KLR)

Environment and Land Court of Kenya
30 October 2025
12,139 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~49 min to read original · ~4 min brief

The bottom line

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The Malindi Environment and Land Court dismissed local landowners' title claims and only partially confirmed Cordisons' allocation, ordering a fresh survey and NLC-led plan to resolve overlapping Lamu land titles.

What this practically means

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Executive summary

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Two consolidated petitions were determined by the Environment and Land Court at Malindi. In ELC Petition E014 of 2022, the 1st-3rd Petitioners, registered owners of plots CR.70989, CR.70988 and CR.71212 in Lamu, challenged the proposed allocation of LR No. 32956 (approximately 1,707 hectares) under PDP LMU/1281/01/16 to Cordisons International Limited, alleging their Article 40 property rights were infringed without compensation or statutory approval. In ELC Petition E005 of 2025, Cordisons sought declarations that the titles held by the 1st-4th Respondents were irregularly issued, cancellation of those titles, and mandamus compelling the NLC to issue it a Letter of Allotment for a 350MW wind power project. The court found both petitions met the Anarita Karimi threshold and rejected the res judicata objection since the Petitioners were not parties to the cited prior litigation. On the merits, the court held the 1st-3rd Petitioners failed to prove a valid root of title: their 2018 certificates rested on 1998 allotment letters with no antecedent PDP. However, Cordisons' allocation process was likewise incomplete because Survey Plan F/R 501/46 overlapped pre-existing registered parcels, and the NLC's October 18, 2024 determination found the objections successful on grounds of irregularities and procedural gaps. Petition E014 of 2022 was dismissed with costs. Petition E005 of 2025 was partially granted by adopting the NLC's roadmap: mandamus compelling Lamu County Government to amend the PDP and resurvey within 90 days, excluding legitimate titles; Portion B reserved for community resettlement through the Settlement Fund Trustees; Portion D vested in the Kenya Forest Service; and the balance of Portion C retained for allocation to Cordisons. Each party to bear its own costs in E005 of 2025.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Petitions meet the threshold of constitutional petitions.
  2. 2.Whether the doctrine of res judicata bars the Amended Petition.
  3. 3.Whether the parcels held by the Petitioners in E014 of 2022 were lawfully allocated, surveyed, processed, and registered, and whether their titles are valid.
  4. 4.Whether the process undertaken for Cordisons International Limited to allocate LR No. 32956 under PDP LMU/1281/01/16 was lawful, complete, and procedurally compliant to justify the remedies sought in Petition E005 of 2025.
  5. 5.Whether the Petitioners in either Petition are entitled to the relief sought, and if so, under what terms.

Key legal issues

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01

Threshold of constitutional petitions

Holding

Both petitions met the Anarita Karimi Njeru threshold of precision

Reasoning

The court restated the Anarita Karimi Njeru test as affirmed in Mumo Matemu: a petitioner must plead with reasonable precision the provisions infringed, the manner of infringement and the relief sought. On review, the Amended Petition identified Articles 10, 27, 40 and 47 with the manner of infringement, and the second Petition pleaded Articles 10(2)(c), 47 and 67(2), both with articulated reliefs.

p. 16
02

Res judicata

Holding

The Amended Petition is not barred by res judicata

Reasoning

Section 7 of the Civil Procedure Act requires that the former suit be between the same parties or parties claiming under them, litigating under the same title, and heard and finally determined. The 1st-4th Petitioners were not parties to the cited Malindi decisions, and Cordisons failed to prove they litigated through those former parties. Further, the issues here go beyond whether the land is public land, encompassing title validity and the PDP process.

p. 17
03

Validity of the Petitioners' titles in E014 of 2022

Holding

The 1st-3rd Petitioners failed to prove a lawful root of title; their titles could not be affirmed on the evidence

Reasoning

Certificates of title were issued in 2018 against letters of allotment allegedly issued in 1998, but the PDP accompanying the titles (LMU/1281/01/16) was approved only in December 2016 and no antecedent PDP was proved for the original allocation. The specific allotment letters for the three parcels were not produced, and no explanation linked those parcels to the paragraph 4A parcels. The court applied Munyu Maina on the burden of proving the legality of acquisition once title is questioned.

p. 19
04

Lawfulness of the allocation process in favour of Cordisons

Holding

The process was not complete; the survey F/R 501/46 overlapped pre-existing registered parcels and the NLC identified procedural gaps and irregularities

Reasoning

Cordisons' process involved gazettement of PDP LMU/1281/01/16 in 2016, authentication of Survey Plan F/R 501/46 in 2021, the Section 14 notice in March 2022 and public hearings in 2023. However, the Director of Surveys confirmed that F/R 501/46 substantially overlaps pre-existing approved parcels, and the NLC's October 18, 2024 determination found the objections successful on grounds of irregularities and procedural gaps. An allocation of land already subject to registered interests cannot support final relief.

p. 21
05

Entitlement to relief

Holding

Petition E014 of 2022 dismissed; Petition E005 of 2025 partially granted on the NLC's roadmap recommendations

Reasoning

Having found no proof of valid root of title for the Petitioners and an incomplete allocation process for Cordisons, the court adopted the NLC's October 18, 2024 recommendations as a Solomonic resolution: amend and resurvey the PDP excluding legitimate titles in Portion C, reserve Portion B for community resettlement, vest Portion D in the Kenya Forest Service, and retain the remainder of Portion C for allocation to Cordisons.

p. 21

Legal principles established

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  • Once the validity of a title is questioned, a registered owner must go beyond the title document and prove the legality of the acquisition
  • A petitioner must plead with reasonable precision the constitutional provisions infringed, the manner of infringement and the relief sought (Anarita Karimi threshold)
  • Allocation of unalienated government land requires a PDP first, then a letter of allotment, then survey, authentication and issuance of a land reference number
  • Res judicata requires identity of parties; a party not party to or not claiming through the former litigants cannot be barred

Court orders

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  1. 1.Petition No. E014 of 2022 dismissed with costs.
  2. 2.The NLC Report dated October 18, 2024 to be implemented as set out in the judgment.
  3. 3.An order of mandamus compelling the County Government of Lamu to facilitate the amendment of the PDP and the subsequent resurvey of L.R. No. Lamu/Kiongwe/C, surveyed as LR. No. 32956, within 90 days of the judgment, retaining portions A, B and D but excluding existing legitimate titles in portion C.
  4. 4.Portion B (settlement area) set aside and reserved for the Communities through the Settlement Fund Trustees Board.
  5. 5.Area marked C, excluding existing legitimate titles, retained for allocation to Cordisons International Limited.
  6. 6.Conservation area marked D set aside for conservation and vested in the Kenya Forest Service.
  7. 7.The revision of the plan and resurvey to be completed and submitted to the NLC and the court for action within 90 days of the judgment for implementation.
  8. 8.Costs in Petition No. E005 of 2025 to be borne by each party.

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Articles 22, 23 and 165 of the Constitution of Kenya, 2010 (constitutional petition for enforcement of fundamental rights; original jurisdiction of the Environment and Land Court)
Consolidated with
ELC Petition No. E005 of 2025

Relief refused

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Petitioners' reliefs in E014 of 2022 (declarations on infringement of Article 40, orders of prohibition, cancellation of PDP No. 501/46, issuance of certificates of title)

The Petitioners failed to discharge their evidential burden of proving a valid root of title - no antecedent PDP at the time of the alleged 1998 allotments and no evidence of timely acceptance of the letters of allotment

p. 19

Mandamus compelling NLC to issue a Letter of Allotment to Cordisons within 30 days, and cancellation of the titles of the 1st-4th Respondents, as sought in E005 of 2025

The surveyed footprint of F/R 501/46 overlaps pre-existing registered parcels and the NLC identified procedural gaps and irregularities, so the allocation could not be considered complete for final relief

p. 20

Court-ordered cancellation of all titles encompassed in the parcel intended for Cordisons

It would require a thorough review of those titles which is beyond the scope of the Petition

p. 21

Costs

Petition No. E014 of 2022 dismissed with costs; in Petition No. E005 of 2025, costs to be borne by each party.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Having established the evidential adequacy of the root of the Petitioners’ titles, the Court now turns to the fourth question: whether the parallel process relied upon by Cordisons International Limited for the allocation of the suit land meets the legal threshold for alienation.
p. 19transition on evidential burden and threshold for alienation
These findings are significant because the allocation of public land assumes that the land is available for transfer. When the land being allocated is already subject to registered interests or if the administrative procedures contain irregularities that could compromise the legal integrity of the process, then the allocation cannot be considered complete for the purpose of granting final relief as requested herein.
p. 20allocation of land subject to registered interests cannot be completed
the recommendations by the NLC on how to resolve the overlaps will prevail, as they ofier a Solomonic precis of the current situation. It will be enforced. Consequently, ELC Petition No. E005 of 2025 will only be partially granted.
p. 21adoption of the NLC roadmap and partial grant
An order of mandamus is hereby issued, compelling the County Government of Lamu (4th Respondent) to facilitate the amendment of the PDP and the subsequent resurvey of the allocated L.R. No. Lamu/Kiongwe/C, surveyed as LR. No. 32956, within 90 days of this judgment.
p. 21final orders - mandamus on PDP amendment and resurvey
Cost in Petition No. E005 of 2025 to be borne by each party.
p. 22final orders - costs

Issues in the judgment

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minor

Contradiction in the court's reasoning: paragraph 94 states it had 'established the evidential adequacy of the root of the Petitioners' titles' while paragraph 92 found the opposite

minor

Petitioners' names appear inconsistently as 'Msellam Salim Mohamed' and 'Msellem Salim Mohamed' in the judgment

minor

Inconsistent reference to the first petition as 'Petition No. 14, 2022' and 'Petition No. E014 of 2022'

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mohamed & 4 others v National Land Commission & 12 others (Environment and Land Petition E014 of 2022 & E005 of 2025 (Consolidated)) [2025] KEELC 7597 (KLR)", Case Analysis (2025). ELC Petition No. E014 of 2022 (Lead) and ELC Petition No. E005 of 2025 (Consolidated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7597/eng@2025-10-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.