Nicholas Mwatika Mulei v National Land Commission & 3 others [2018] KEHC 8375 (KLR)
- Court
- High Court of Kenya
- Case number
- 8375
- Citation
- [2018] KEHC 8375 (KLR)
- Decided
- 30 January 2018
The NLC had jurisdiction to review the grants and dispositions of public land, including the suit property, which was initially allocated to the Petitioner but later to the 1st Interested Party.
Facts
The suit property is a leasehold parcel of land that was initially allocated to the Petitioner in 1996 and later to the 1st Interested Party in 1997. The Petitioner and the 1st Interested Party both have grants over the property, but the 1st Interested Party claims the Petitioner unlawfully acquired the title.
Issues
- Whether the NLC had jurisdiction to adjudicate the dispute between the Petitioner and the 1st Interested Party.
- Whether the Petitioner's rights have been violated.
- What reliefs may be available to the Petitioner.
Reasoning
The court held that the NLC's mandate under the Constitution and the National Land Commission Act extends to reviewing grants and dispositions of public land, including the suit property, even if it was initially allocated to the Petitioner.
Outcome
The NLC's decision to revoke the Petitioner's title was upheld.
Authorities cited
Legislation (1)
- National Land Commission Act (Cap 5A)
Cases cited (3)
- R v National Land Commission Ex P Krystalline Salt Limited
- R v National Land Commission & 4 others Ex P Futson Company Limited
- R v National Land Commission Ex parte Holborn Properties Ltd
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