Wandemi Developers Limited v National Land Commission & another; Varsityville Residents Association (Interested Party) (Environment & Land Petition 29 of 2020) [2022] KEELC 3920 (KLR) (28 July 2022) (Judgment)

Summary at a glance

Facts

Wandemi Developers Limited bought land known as Ruiru/Ruiru East Block 7/46. The National Land Commission recommended revoking the petitioner's title, which was communicated through a gazette notice.

Issues

• Whether the National Land Commission's decision to revoke the petitioner's title was made without affording an opportunity to be heard, thus violating the petitioner's rights to a fair hearing, fair administrative action, and property.
• Whether the petitioner's rights to a fair hearing and fair administrative action were violated in the revocation of the title.

Reasoning

The court found that the petitioner was not given an opportunity to be heard, which violated their rights to a fair hearing and fair administrative action as guaranteed by Article 40 and Article 47 of the Constitution.

Outcome

The court declared the proceedings and decision of the National Land Commission as contravening the petitioner's rights and ordered the quashing of the decision.

Orders

• Judicial review order of certiorari to remove to the High Court and quash the decision of the 1st respondent contained in legal notice 6865 table 13 item 18.
• Judicial review order of prohibition to prohibit the 2nd respondent from revoking the petitioner's title on LR number Ruiru/Ruiru East Block 7/46 or mandamus to restore the petitioner's title if the decision of this court after revocation is effected.
• An injunction to restrain the interested parties from entering, encroaching or trespassing or in any other way interfering with the petitioner's quiet possession of the aforementioned suit land.

Remedies

• Judicial review order of certiorari to remove to the High Court and quash the decision of the 1st respondent contained in legal notice 6865 table 13 item 18.
• Judicial review order of prohibition to prohibit the 2nd respondent from revoking the petitioner's title on LR number Ruiru/Ruiru East Block 7/46 or mandamus to restore the petitioner's title if the decision of this court after revocation is effected.
• An injunction to restrain the interested parties from entering, encroaching or trespassing or in any other way interfering with the petitioner's quiet possession of the aforementioned suit land.

Authorities cited