Kenya Anti-Corruption Commission v Vincent Kipkirui Tuwei, Wilson Gacanja & United Millers Ltd [2020] KEELC 927 (KLR)
- Court
- Environment & Land Court
- Case number
- 927
- Citation
- [2020] KEELC 927 (KLR)
- Decided
- 6 March 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a judgment of the Environment and Land Court of KenyaCoramS. M. KIBUNJA, A. OMBWAYO
Holding
The court finds in favor of the Plaintiff, Kenya Anti-Corruption Commission, and orders the rectification of the land register, permanent injunction, and declaratory prayers.
Facts
The Plaintiff, Kenya Anti-Corruption Commission, alleged that the 1st Defendant, Vincent Kipkirui Tuwei, issued a lease over Kisumu Municipality/Block 7/503 without proper authority, and the 2nd Defendant, Wilson Gacanja, subsequently transferred the lease to the 3rd Defendant, United Millers Ltd.
Issues
- Validity of the lease issued by the 2nd Defendant
- Ownership of the land
- Rectification of the land register
- General damages for fraud
Reasoning
The court ruled that the land was part of a larger parcel vested in the Kenya Railways Corporation and not available for alienation. The 2nd Defendant acted beyond his powers, and the 3rd Defendant failed to conduct due diligence.
Outcome
Judgment for the Plaintiff
Orders
- Rectification of the land register by cancellation of the lease over Kisumu Municipality/Block 7/503 and Certificate of Lease issued to the 3rd Defendant
- Permanent injunction against the 3rd Defendant to restrain them from dealing with the land
- Declaration that the lease and transfer were null and void
Remedies
- Rectification of the land register
- Permanent injunction
- Declaratory prayers
Authorities cited
Legislation (2)
- Civil Procedure Act Chapter 21 of Laws of Kenya
- Land Registration Act No. 3 of 2012
Cases cited (2)
- Kipsirgoi Investments Ltd Vs Kenya Anti-Corruption Commission Eldoret Civil Appeal No. 288 of 2010
- James Joram Nyaga & Another Vs The Attorney General & Another [2007] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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