Karsan Velji Velani v National Land Commission [2015] KEHC 7892 (KLR)
- Court
- High Court of Kenya
- Case number
- 7892
- Citation
- [2015] KEHC 7892 (KLR)
- Decided
- 13 November 2015
The Petitioner's petition is granted, and the Respondent's public notice is quashed. The notice is declared irregular, unreasonable, and procedurally unfair.
Facts
The Petitioner, Karsan Velji Velani, is the beneficiary and Administrator of the Estate of the Late Velji Parbat, who was the lessor of Plot No. L.R 12224 for 27 years and 6 months. The National Land Commission (Respondent) issued a public notice revoking the lease.
Issues
- violation of right to fair administrative action under Article 47 of the Constitution
- violation of right to property under Article 40 of the Constitution
- whether the Respondent has the mandate to revoke the lease
Reasoning
The Court found that the Respondent, as a constitutional commission, has the mandate to determine the extension and renewal of leases involving public land. The Court ruled that the Petitioner's rights were violated by the Respondent's revocation of the lease without affording him an opportunity to be heard.
Outcome
Petition granted, public notice quashed
Orders
- Order to remove and quash the Public Notice
- Declaration of the notice as irregular, unreasonable, and procedurally unfair
Remedies
- Quashing of the Public Notice
- Declaration of Unreasonableness
Authorities cited
Legislation (3)
- National Land Commission Act
- Land Act
- Constitution of Kenya
Cases cited (3)
- Speaker of National Assembly vs Njenga Karume
- Harrikinson vs Attorney General of Trinidad and Tobago
- Msa Judicial Review No.19 of 2012
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