Republic v National Land Commision Ex parte Patrick Nthenge & 2 others [2020] KEELC 3502 (KLR)

Facts

The residents of Kwa Drake Farm have been in occupation of the land for over 60 years and have a court decree stating that the land belongs to them and they have acquired it by adverse possession. The Respondent has failed to grant approval for the settlement and processing of titles.

Issues

1. Whether the Respondent is constitutionally mandated to manage public land on behalf of the National and County Governments.
2. Whether the Respondent is legally bound to perform the duty of issuing Title Deeds to the Ex-parte Applicants without knowing if the land is public land and the actual acreage.
3. Whether the Ex-parte Applicants are entitled to an order of mandamus based on the court decree in Machakos HCCC No. 12 of 2005.

Reasoning

The Respondent is constitutionally mandated to manage public land, but there is no law compelling or demanding the Respondent to allocate the Ex-parte Applicants public land. The court decree in Machakos HCCC No. 12 of 2005 is not clear and the Ex-parte Applicants have not enforced it.

Outcome

Dismissal of the Notice of Motion with no order as to costs.

Authorities cited