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ELCAllowedJudicial Review (Mandamus) application dated 10/6/2024 (Kitui)· [2025] KEELC 7949 (KLR)

Mutisya v Chairman, National Land Commission & 2 others (Environment and Land Judicial Review Case E003 of 2024) [2025] KEELC 7949 (KLR)

Environment and Land Court
16 October 2025
AKA. Kaniaru
1,405 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Kitui ordered the National Land Commission to pay a landowner Kshs 2.09 million plus interest for unpaid compulsory acquisition compensation.

What this practically means

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Executive summary

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This was an undefended judicial review application for an order of mandamus brought by Ravaspaul Kyalo Mutisya against the Chairman, Accounting Officer/Secretary and the National Land Commission under Sections 8 and 9 of the Law Reform Act and Order 53 of the Civil Procedure Rules. The applicant had purchased land parcel Kisasi/Nguuni/1462 in 2008; in 2019 he found his building demolished and excavation on the land, but his parcel was missing from the list of parcels earmarked for compulsory acquisition for the Kibwezi-Mutomo-Kabati-Migwani Road. In Kitui ELC Appeal No. E004 of 2021, judgment delivered on 8/3/2022 ordered payment to him of Kshs. 2,097,983.95 with interest at the applicable Central Bank base lending rate from 4/3/2021, plus costs. A decree and certificate of order were extracted but, despite service with the mandamus motion, the respondents neither appeared nor filed a response. The applicant argued he had been denied the fruits of his judgment for over three years. The court outlined the prerequisites for mandamus - a clear legal right, its violation, a mandatory non-discretionary duty, neglect or refusal to perform, and no other plain, speedy or adequate remedy - and relied on Halsbury's Laws of England and supportive authorities. It held that the Commission, as a Government body shielded from execution by Section 21(4) of the Government Proceedings Act, owed a constitutional and legal duty to pay prompt, just and adequate compensation for compulsory acquisition, and the applicant was bereft of any other means of enforcement. The application was allowed in terms of prayer (2), with costs to the Ex parte Applicant.

Key legal issues

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Whether an order of mandamus should issue to compel the National Land Commission and its officers to satisfy a certificate of order against the Government

Holding

Yes. The applicant demonstrated a clear legal right under a judgment of the court, that the respondents owed a mandatory constitutional and statutory duty to pay just compensation for compulsory acquisition, that they had failed, neglected or refused to pay for over three years, and that the bar on execution against Government under Section 21(4) of the Government Proceedings Act left him without any other adequate remedy.

Reasoning

The court set out the standard conditions for mandamus: a clear legal right, its breach, a correlative mandatory duty, neglect or refusal to perform, and no other plain, speedy or adequate remedy. The applicant held a decree and certificate of order for Kshs. 2,097,983.95 plus interest and costs, unpaid since the judgment of 8/3/2022. Section 21(4) of the Government Proceedings Act bars attachment against Government, so mandamus was his only avenue to enjoy the fruits of his judgment. The application was undefended despite service.

p. 3

Legal principles established

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  • Mandamus issues where the applicant shows a clear legal right, its violation, a mandatory (not discretionary) duty on the violator, neglect or refusal to perform, and no other plain, speedy or adequate remedy.
  • Where land or property is compulsorily acquired, compensation must be paid as a matter of constitutional and legal duty, and must be prompt, just and adequate.
  • Government bodies are shielded from execution by attachment under Section 21(4) of the Government Proceedings Act, leaving mandamus as the remedy to enforce payment of decretal sums against Government.

Court orders

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  1. 1.The Ex parte Applicant's application is allowed in terms of prayer (2) - mandamus directing the respondents to satisfy the certificate of order issued in Kitui ELC Appeal No. E004 of 2021 together with interests at 14% from 4th March, 2021 until payment in full
  2. 2.The Ex parte Applicant is awarded costs of this matter

Authorities

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Legislation

  • Law Reform ActSections 8 and 9
  • Civil Procedure RulesOrder 53 Rule 1(1), (2), (3) and (4)
  • Civil Procedure ActSection 3A
  • Government Proceedings ActSection 21(4)

Cases cited (2)

  • Republic v The County Secretary, Narok County Government & Another, Ex parte SEC & M. Company Limited
    J.R. No. E045 of 2021 [2022] eKLR
  • Republic v City Council of Nairobi, Exparte David Peter Ndambuki
    Judicial Review 398 of 2012 [2013] KEHC 4231 (KLR)
On appeal from
Environment and Land Court, Kitui (underlying appeal)
Kitui ELC Appeal No. E004 of 2021
Jurisdiction invoked
Sections 8 and 9 of the Law Reform Act (Cap 26); Order 53 Rules 1(1), (2), (3) and (4) of the Civil Procedure Rules; Section 3A of the Civil Procedure Act (Cap 21)

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, "Mutisya v Chairman, National Land Commission & 2 others (Environment and Land Judicial Review Case E003 of 2024) [2025] KEELC 7949 (KLR)", Case Analysis (2025). Judicial Review (Mandamus) application dated 10/6/2024 (Kitui). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7949/eng@2025-10-16

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