Kakuzi PLC v National Land Commission & 8 others (Miscellaneous Application E026 of 2025) [2026] KEELC 2374 (KLR)
The bottom line
#The Environment and Land Court dismissed Kakuzi's challenge, allowing National Land Commission recommendations over disputed Murang'a land to proceed.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the NLC over historical land injustice claims
The NLC acted within its jurisdiction under Section 15 of the National Land Commission Act in hearing the claims and making recommendations including surrender of land, compensation and resettlement.
The claims by the 5th, 6th and 7th Respondents that ancestral land was taken by the colonial government met the test in subsections 2, 3 and 4(a) of Section 15. Under Section 15(1) and (9), the NLC has the mandate to investigate historic land injustice claims and make recommendations including restitution, compensation and resettlement. The surrender directive of 3,200 acres therefore fell within statutory jurisdiction and did not breach Article 40(1).
Supervisory jurisdiction of the ELC over the NLC
The Environment and Land Court has supervisory jurisdiction over the NLC's determinations in land matters via Section 13(7)(b) of the ELC Act.
The court reasoned that because the summons concerns the right to use, occupy and title to land, the ELC is the appropriate forum. The High Court's jurisdiction is ousted by Articles 162(2)(b) and 165(5)(b), which expressly deny the High Court jurisdiction in environment and land cases. Prerogative orders may therefore issue from the ELC in such matters.
Timeliness of gazettement relative to the commission's tenure
Publication on 17-11-2025 was proper; there was no proof the tenure ended on 14-11-2025, and 15-16 November 2025 fell on a weekend so the reckoning of time under Order 50 rule 3 validates publication on the next open day.
The deponent produced no evidence that the commission's tenure ended on 14-11-2025, relying on hearsay advice. The Gazette notice itself was dated 14-11-2025, and as a permanent commission its business would continue beyond the commissioners' exit. With no prescribed timeline, Article 259(8) requires acts to be done without unreasonable delay, and Order 50 rule 3 excludes closed days, making 17-11-2025 the next open day after Friday 14-11-2025.
Bias and procedural fairness in the NLC process
No bias or bad faith was established; the determination devoted substantial space to the Applicant's material, demonstrating fair hearing.
The court examined the 31-page determination and found 14 pages contained the Applicant's material, roughly 45%. This composition, together with the hearings on 30-1-2024, 28-2-2024 and 29-2-2024, site visits and the Applicant's participation, demonstrated that the Applicant was accorded a fair hearing rather than evidence of bias.
Properness of the Attorney General's preliminary objection
The preliminary objection was not proper because judicial review now permits limited interrogation of merits under Article 47 and the Fair Administrative Action Act.
Relying on Board of Trustees, Telposta Pension Scheme v Retirement Benefits Tribunal quoting Suchan Investment Ltd, the court held that Article 47 as read with the Fair Administrative Action Act effects a shift of judicial review to include merit review, with unreasonableness (Wednesbury) as a ground under Section 7(2)(k). Since the court is not confined to correctness of procedure, the objection that grievances went to merits failed.
Legal principles established
#- The Environment and Land Court has supervisory jurisdiction to grant prerogative orders in land matters, ousting the High Court's jurisdiction under Articles 162(2)(b) and 165(5)(b).
- Judicial review under Article 47 and the Fair Administrative Action Act now includes limited merit review of administrative action, so a preliminary objection premised on pure process review fails.
- Where a gazette publication date falls on a non-working day after expiry of a term, publication on the next day offices are open is proper under Order 50 rule 3.
Court orders
#- 1.The Chamber Summons dated 19-11-2025 is dismissed
- 2.Costs of the summons awarded to the 5th, 6th and 7th Respondents
- Jurisdiction invoked
- Section 13(7)(b) of the Environment and Land Court Act (Act No. 19 of 2011); Articles 162(2)(b) and 165(5)(b) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kakuzi PLC v National Land Commission & 8 others (Miscellaneous Application E026 of 2025) [2026] KEELC 2374 (KLR)", Case Analysis (2026). Chamber Summons dated 19-11-2025 (Murang'a ELC Judicial Review). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2374/eng@2026-04-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.