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ELCPartially AllowedJR 44/2012 (as referenced); Notice of Motion dated 3rd March 2025· [2026] KEELC 3383 (KLR)

Five Star Agencies Limited v National Land Commission (Environment and Land Case 445 of 2014) [2026] KEELC 3383 (KLR)

Environment and Land Court
4 June 2026
MKMOHAMMED N. KULLOW
2,208 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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A Kenyan court ordered the National Land Commission's CEO to pay a landowner Ksh 909 million within 90 days, ending a 12-year wait.

What this practically means

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Executive summary

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This is a ruling by the Environment and Land Court at Nairobi (Kullow J) on a Notice of Motion dated 3rd March 2025 by an ex parte applicant seeking an order of mandamus directed at the Chairman and Chief Executive Officer of the National Land Commission to pay Ksh 909,023,500/= plus interest, being the accumulated decretal sum arising from a judgment of 24th November 2014 awarding Ksh 413,192,500/= with interest for compulsory acquisition of LR 209/9227(IR 37790). The judgment had survived appeals, including one dismissed at the Supreme Court, and a certificate of order against the government was served on 10th January 2025. The respondent opposed, asserting that its role was merely to facilitate acquisition while KENHA, the acquiring entity, bore financial responsibility and never remitted funds, and arguing the application was defective and that mandamus cannot issue against the Chairman. The court held that the National Land Commission Act makes no provision for execution against the Commission, so Section 21 of the Government Proceedings Act applies; the Secretary is the accounting officer under Sections 20(3) and 20(4) of the National Land Commission Act. The respondent's funding complaints were matters for the trial hearing, raised too late, and the judgment remained unexecuted and unvacated. The court granted the application: mandamus issued against the CEO to pay the decretal sum with interest from 24th November 2014 within 90 days, with contempt proceedings foreshadowed on non-compliance, and costs awarded to the Applicant.

Key legal issues

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01

Whether mandamus lies against the National Land Commission to enforce payment of the decretal sum

Holding

Yes. The National Land Commission Act does not provide for execution against the Commission, so Section 21 of the Government Proceedings Act applies; the Secretary/CEO as accounting officer must pay upon service of the certificate of order.

Reasoning

The court found the Commission is a state organ under Article 260 though created under Article 253. Because the National Land Commission Act is silent on execution, the Government Proceedings Act procedure applies. The certificate of order was served on the CEO on 10th January 2025, and demand went unmet for close to 11 years. Objections about KENHA's failure to remit funds were matters for the hearing of the suit, raised too late, and the judgment remained valid and unexecuted.

p. 3
02

Whether non-receipt of funds from the acquiring entity (KENHA) excuses non-payment

Holding

No. Such defences ought to have been raised at the hearing of the main suit and cannot resist execution of an unvacated judgment.

Reasoning

The respondent deponed that compulsory acquisition funds were the responsibility of KENHA, which never deposited funds for disbursement. The court held these were issues for the trial hearing, raised too late, and that the interest of justice favoured allowing the applicant to enjoy the fruits of a judgment outstanding for close to 12 years.

p. 5

Legal principles established

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  • Independent constitutional commissions are state organs and execution against them follows the Government Proceedings Act where their establishing statute is silent on execution
  • The Secretary of the National Land Commission is the accounting officer responsible for payment of decrees against the Commission
  • Excuses about funding or shifting liability to the acquiring entity cannot be raised after judgment as a means of resisting execution

Court orders

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  1. 1.An order of mandamus issued and directed to the Chief Executive Officer National Land Commission to pay the ex parte Applicant the decretal sum of Ksh 909,023,500/= together with interest accumulated from 24th November 2014 until payment in full within ninety (90) days of delivery of the ruling
  2. 2.Mention on 30th September 2026 to confirm compliance, failing which summons to issue to the Chairman National Land Commission and the Chief Executive Officer, National Land Commission to show cause why they should not be cited and punished for contempt of court
  3. 3.Costs to the Applicant
Jurisdiction invoked
Judicial review/execution jurisdiction; Section 21 of the Government Proceedings Act and Section 20 of the National Land Commission Act

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, "Five Star Agencies Limited v National Land Commission (Environment and Land Case 445 of 2014) [2026] KEELC 3383 (KLR)", Case Analysis (2026). JR 44/2012 (as referenced); Notice of Motion dated 3rd March 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3383/eng@2026-06-04

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