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ELCAllowedPetition dated 23rd October 2025· [2026] KEELC 3013 (KLR)
Moogon Enterprises Limited v National Land Commission (Environment and Land Petition E093 of 2025) [2026] KEELC 3013 (KLR)
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·~6 min to read original · ~4 min briefThe bottom line
#Kenya's Environment and Land Court quashed the National Land Commission's revocation of Moogon Enterprises' Nairobi title, confirming landowners' constitutional property rights.
What this practically means
#Executive summary
#Moogon Enterprises Limited petitioned the court seeking declarations that the National Land Commission's revocation of its title to LR No. 209/13382 (now Nairobi/Block 37/151) via Special Issue Gazette Notice No. 5022 of 18th July 2014, on the ground that the parcel formed part of City Park, was unconstitutional and violated its rights to property and fair administrative action under Articles 40 and 47, together with certiorari to quash the gazette notice and mandamus to restore the title to the Registry Index Map. The Respondent, through a replying affidavit sworn by its Director of Legal Affairs, Brian Ikol, admitted the petition's contents in their entirety, conceding that the Petitioner was the rightful registered owner and that the revocation was an erroneous listing; the Respondent recorded a review determination that the parcel does not form part of City Park and that its earlier gazette notice should be reversed. The Petitioner sought judgment on admission, relying on Order 13 Rule 2 of the Civil Procedure Rules and authorities including Choitram v Nazari and Peeraj General Trading v Mumias Sugar Company. The court, satisfied that the admissions were plain and clearly readable, allowed the petition in full, issuing declarations that the revocation was unconstitutional, illegal and ultra vires, quashing Gazette Notice No. 5022 to the extent it affected the suit property, compelling the Registrars to reinstate the title records, and awarding costs to the Petitioner. Judgment was delivered virtually at Nairobi on 14th May 2026 by Mohammed N. Kullow, Judge.
Key legal issues
#01
Whether judgment can be entered on the Respondent's admissions in its replying affidavit
Holding
Yes; the Respondent admitted ownership by the Petitioner and that the revocation was erroneous, justifying judgment on admission
Reasoning
The Respondent's Director of Legal Affairs swore a replying affidavit admitting the Petitioner's averments and stating that the parcel does not form part of City Park. Guided by Choitram v Nazari and Peeraj General Trading, the court held that admissions need not be in pleadings and may appear in affidavits, and that judgment on admission is a judicially exercised discretion which favoured the Petitioner here.
p. 3
Legal principles established
#- Admissions may be express or implied, on pleadings or otherwise, and where plain and obvious may found judgment
Court orders
#- 1.A declaration that the Respondent's continued revocation of the Petitioner's title for LR No. 209/13382 (currently, Nairobi/Block 37/151) is unconstitutional, unlawful and violates the Petitioner's right to property and Fair Administrative Action under Articles 40 and 47 of the Constitution
- 2.A declaration that the revocation vide Special issue gazette notice number 5022 dated 18th July 2014 is illegal, ultra vires, null and void and is quashed
- 3.An order of certiorari to bring to the court and quash Gazette Notice No. 5022 dated 18th July 2014 to the extent that it relates to LR No. 209/13382 (currently, Nairobi/Block 37/151)
- 4.An order of mandamus directed to the Registrar of Titles, Nairobi and the Chief Land Registrar to immediately reinstate the records of the cancelled and revoked title to the registry index map
- 5.Costs be awarded to the petitioner
- Jurisdiction invoked
- Articles 40 and 47 of the Constitution of Kenya 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Moogon Enterprises Limited v National Land Commission (Environment and Land Petition E093 of 2025) [2026] KEELC 3013 (KLR)", Case Analysis (2026). Petition dated 23rd October 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3013/eng@2026-05-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.