Mwiki Company Limited v National Land Commission & 6 others (Civil Appeal E196 of 2023) [2025] KECA 1361 (KLR) (25 July 2025) (Judgment)

Facts

Mwiki Company Limited purchased parcels LR 8469/14 and LR 8469/4/7 from Mukinyi Enterprises Company Limited and was issued with certificates of lease. Mwiki Ltd amalgamated the two properties and received approval and change of user, subdividing them into 522 subplots. Mwiki Ltd sought declarations and orders regarding the revocation of its title and allocation of land as public utilities.

Issues

1. Whether Mwiki Ltd's rights under Articles 27, 28, 35, 40, 47, and 50 of the Constitution were violated by the decision of the National Land Commission (NLC) to revoke its title and allocate land as public utilities.
2. Whether the NLC's decision to revoke and review grants and disposition of lands registered to private individuals prior to the enactment of the National Land Commission Act was valid.
3. Whether the revocation and cancellation of Mwiki Ltd's titles to LR 8469/4/7 and plots nos. 65, 69, 70, 121, 174 and 175 in LR 8469/14 were null and void.
4. Whether Mwiki Ltd can claim protection as an innocent purchaser for value given the reservation of the land for public use.

Reasoning

The Court held that Mwiki Ltd's title was void ab initio as it was obtained in violation of the law. The Court also cited recent Supreme Court decisions clarifying the doctrine of the innocent purchaser for value in relation to public land.

Outcome

Appeal dismissed

Authorities cited