1. The Ex parte applicant filed an application under Notice of Motion dated 15th March 2024 seeking the following orders:
1. Spent
2. THAT this Honourable Court be pleased to order the 1st Respondent to effect the determination gazetted on 17th July 2017, by the chairperson, National Land Commission, by: -
a) Revoking titles to all that parcel of land known as NYERI MUNICIPALITY BLOCK 1/1685, NYERI MUNICIPALITY BLOCK 1/1163 and NYERI MUNICIPALITY BLOCK 1/1107 issued in the names of the 2nd, 3rd and 4th Respondents
b) Allocating all that parcel of land known as NYERI MUNICIPALITY BLOCK 1/1685, NYERI MUNICIPALITY BLOCK 1/1163, and NYERI MUNICIPALITY BLOCK 1/1107 to the Applicant herein.
3. THAT the cost of this Application be borne by the Respondents.
2. The application is supported by the affidavit of Moses Danda, the Applicant’s National Executive Commissioner. The grounds in support of the application are that in the year 1989, all that parcel of land known as NYERI MUNICIPALITY BLOCK 1/1685, NYERI MUNICIPALITY BLOCK 1/1163 and NYERI MUNICIPALITY BLOCK 1/1107 (the suit land) was reserved for the use and enjoyment of the Applicant.
3. The 2nd, 3rd and 4th Respondents encroached and remained trespassing on the land without consent and/or knowledge of the Applicant. The Applicant lodged a formal complaint to the National Land Commission who conducted its investigations, and invited the Applicant together with the 2nd, 3rd and 4th Respondents for an enquiry and hearing, to review, verify the title documents concerning the said parcels of land and make a determination as to the ownership of the land. The matter went through a formal investigation, review, and hearing, during which all parties were granted an opportunity to be heard.
4. The National Land Commission determined that the title deeds for the suit lands registered in the names of the 2nd, 3rd and 4th Respondents be revoked in favour of the Applicant. The determination was published in the Kenya Gazette Notice Vol.CXIX.No.97 dated 17th July 2017, Notice No.6865, pages 4275-4276.
5. Further, the National Land Commission wrote a letter dated 26th September 2018, directing the Chief Land Registrar to effect the revocation of the titles registered in the names of the Respondents and the same to be issued in favour of the Applicant.
6. Despite the determination and the letter issued to the Chief Land Registrar to revoke the titles to the suit land, no action has been taken. The Applicant has thus been unable to enjoy its proprietary rights and use of the said properties.
7. The Applicant therefore deposes that unless this Honourable Court intervenes and enforces the said determination of the National Land Commission as an order of the Court, the Chief Land Registrar will not act in compliance with the determination and the Applicant will continue to suffer as its land is at risk of being subjected to fraudulent dealings by the Respondents.
8. The 1st Respondent, the Chief Land Registrar, entered appearance through State Counsel who informed the court that they did not oppose the Application.
9. The Applicant was authorised by the court to serve the Notice of Motion herein by way of substituted service in a local daily newspaper with nationwide circulation. This was duly effected through advertisement in the Daily Nation of 21st November 2024, a copy of which is annexed to the affidavit of service of Jacob Mwinzi sworn on 9th December 2024.
The hearing of the application
10. The application was heard on 4th February 2025 when Counsel for the Applicant submitted that they seek enforcement of the determination by the National Land Commission, which directed the 1st Respondent to revoke the suit parcels of land registered in the 2nd- 4th Respondents' names. The 1st Respondent followed a process that is established under Articles 67 and 68 (c)(v) of the Constitution and Section 14 of the National Land Commission Act, which mandates the commission to manage public land and to review all grants to establish legality and propriety.
11. Submitting that the suit parcels were reserved and granted to the Applicant, which is a public institution in 1989, Counsel stated that the Association is entitled to own the suit land and that the 2nd-4th Respondents are registered as the proprietors of the same through unknown unscrupulous means.
12. Counsel further submitted that the Respondents had the option to file a review to challenge the determination of the National Land Commission, which they did not do. It was submitted that they sought implementation of the said determination by the Chief Land Registrar, which was declined, and they were told that they needed a Court Order to do so. The application was not opposed by the Respondents.
Analysis and Determination
13. The Applicant herein, the Kenya Scouts Association, seeks to enforce a determination by the National Land Commission in a matter where the Applicant states that the 2nd, 3rd and 4th Respondents had encroached on the land reserved for their use and enjoyment by the Provincial Allocation Committee vide letter dated 5th March 1997. The Applicant further states that the 2nd, 3rd and 4th respondents later registered the land allocated to it as NYERI MUNICIPALITY BLOCK 1/1685, NYERI MUNICIPALITY BLOCK 1/1163 and NYERI MUNICIPALITY BLOCK 1/1107.
14. The Applicant attached a Letter of Allotment dated 5th March 1997, issuing the Applicant with 5 acres of land in Nyeri County adjacent to the new Kaburuini showground.
15. The Applicant also annexed a copy of the Kenya Gazette Vol. CXIX-No.. 97 of 17th July 2017, which indicates on page 4275 that the titles to Land Parcel Numbers Nyeri Municipality Block 1/1685, Block 1/1163 and Block 1/1107 reserved for the Kenya Scouts Association are to be revoked and the land is to be allocated to the Applicant.
16. A letter from the National Land Commission dated 26th September 2018 also confirms this determination and directs the Chief Land Registrar to effect the revocation of the said suit titles. The Director of Land Administration in the Commission was directed to prepare letters of allotment.
17. The National Land Commission is established under Article 67 of the Constitution, which provides that:
(1) There is established the National Land Commission is established.
(2) The functions of the National Land Commission are—
(a) to manage public land on behalf of the national and county governments;
(b) to recommend a national land policy to the national government;
(c) to advise the national government on a comprehensive programme for the registration of title in land throughout Kenya;
(d) to conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities;
(e) to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress;
(f) to encourage the application of traditional dispute resolution mechanisms in land conflicts;
(g) to assess tax on land and premiums on immovable property in any area designated by law; and
(h) to monitor and have oversight responsibilities over land use planning throughout the country.
(3) The National Land Commission may perform any other functions prescribed by national legislation.”
18. Article 67(2) (e) in particular provides that among the functions of the National Land Commission is to initiate investigations, on its own initiative or a complaint, into present or historical land injustices, and historical land injustices, and recommend appropriate redress, which the Commission did in this case.
19. Section 80 of the Land Registration Act 2012 provides that:
“Subject to subsection (2), the court may order the rectification of the register by directing that any registration be cancelled or amended if it is satisfied that any registration was obtained, made or omitted by fraud or mistake.
(2) The register shall not be rectified to affect the title of a proprietor, unless the proprietor had knowledge of the omission, fraud or mistake in consequence of which the rectification is sought, or caused such omission, fraud or mistake or substantially contributed to it by any act, neglect or default.”
20. Aburili J in the case of Robert Mutiso Lelli and Cabin Crew Investments Ltd v National Land Commission & 3 others [2017] eKLR analysed the mandate of the National Land Commission when it comes to revocation of titles as follows:
“I have also found that the National Land Commission had no power to revoke titles as Article 68 of the Constitution and Section 14 of the National Land Commission Act limits the National Land Commission’s power to carrying out an inquiry and determining the legality or propriety of a title or disposition in public land after which it can recommend to the Registrar for revocation.”
21. Similarly, Munyao Sila J in the case of Mombasa Cement Limited v Ministry of Lands and Physical Planning & 3 others; Vipingo Estate Limited (Interested Party) (Petition 17 of 2018) [2020] KEELC 2856 (KLR) found that:
“What can be seen is that for purposes of resolving land disputes, the Constitution has established the National Land Commission (to, among other matter,s review grants and dispositions of public land subject to limitations) and the Courts…… I have also not seen any law that empowers the National Assembly to declare that a certain title is illegal, or fraudulently acquired, or direct the rectification of a land register. That power rests with the Court pursuant to Section 80 of the Land Registration Act, Act No. 3 of 2012.”
22. From the foregoing legal provisions and authorities, the Court finds that the National Land Commission acted within its Constitutional and statutory mandate in carrying out an enquiry and hearing to review, verify the title documents with respect to the suit parcels of land and make a determination as to the ownership of the land.
23. However, the Applicant states that the Chief Land Registrar required a Court order to implement the determination by the National Land Commission. The court agrees with the Applicant that when it comes to revocation of titles, the Court has the mandate to direct the Chief Land Registrar to do so.
24. The court finds that the Notice of Motion application dated 15th March 2024 has merit and is hereby allowed as prayed with no order as to costs.
Delivered, Dated and Signed at Nyeri on 1st day of August 2025
1. Spent
2. THAT this Honourable Court be pleased to order the 1st Respondent to effect the determination gazetted on 17th July 2017, by the chairperson, National Land Commission, by: -
a) Revoking titles to all that parcel of land known as NYERI MUNICIPALITY BLOCK 1/1685, NYERI MUNICIPALITY BLOCK 1/1163 and NYERI MUNICIPALITY BLOCK 1/1107 issued in the names of the 2nd, 3rd and 4th Respondents
b) Allocating all that parcel of land known as NYERI MUNICIPALITY BLOCK 1/1685, NYERI MUNICIPALITY BLOCK 1/1163, and NYERI MUNICIPALITY BLOCK 1/1107 to the Applicant herein.
3. THAT the cost of this Application be borne by the Respondents.
2. The application is supported by the affidavit of Moses Danda, the Applicant’s National Executive Commissioner. The grounds in support of the application are that in the year 1989, all that parcel of land known as NYERI MUNICIPALITY BLOCK 1/1685, NYERI MUNICIPALITY BLOCK 1/1163 and NYERI MUNICIPALITY BLOCK 1/1107 (the suit land) was reserved for the use and enjoyment of the Applicant.
3. The 2nd, 3rd and 4th Respondents encroached and remained trespassing on the land without consent and/or knowledge of the Applicant. The Applicant lodged a formal complaint to the National Land Commission who conducted its investigations, and invited the Applicant together with the 2nd, 3rd and 4th Respondents for an enquiry and hearing, to review, verify the title documents concerning the said parcels of land and make a determination as to the ownership of the land. The matter went through a formal investigation, review, and hearing, during which all parties were granted an opportunity to be heard.
4. The National Land Commission determined that the title deeds for the suit lands registered in the names of the 2nd, 3rd and 4th Respondents be revoked in favour of the Applicant. The determination was published in the Kenya Gazette Notice Vol.CXIX.No.97 dated 17th July 2017, Notice No.6865, pages 4275-4276.
5. Further, the National Land Commission wrote a letter dated 26th September 2018, directing the Chief Land Registrar to effect the revocation of the titles registered in the names of the Respondents and the same to be issued in favour of the Applicant.
6. Despite the determination and the letter issued to the Chief Land Registrar to revoke the titles to the suit land, no action has been taken. The Applicant has thus been unable to enjoy its proprietary rights and use of the said properties.
7. The Applicant therefore deposes that unless this Honourable Court intervenes and enforces the said determination of the National Land Commission as an order of the Court, the Chief Land Registrar will not act in compliance with the determination and the Applicant will continue to suffer as its land is at risk of being subjected to fraudulent dealings by the Respondents.
8. The 1st Respondent, the Chief Land Registrar, entered appearance through State Counsel who informed the court that they did not oppose the Application.
9. The Applicant was authorised by the court to serve the Notice of Motion herein by way of substituted service in a local daily newspaper with nationwide circulation. This was duly effected through advertisement in the Daily Nation of 21st November 2024, a copy of which is annexed to the affidavit of service of Jacob Mwinzi sworn on 9th December 2024.
The hearing of the application
10. The application was heard on 4th February 2025 when Counsel for the Applicant submitted that they seek enforcement of the determination by the National Land Commission, which directed the 1st Respondent to revoke the suit parcels of land registered in the 2nd- 4th Respondents' names. The 1st Respondent followed a process that is established under Articles 67 and 68 (c)(v) of the Constitution and Section 14 of the National Land Commission Act, which mandates the commission to manage public land and to review all grants to establish legality and propriety.
11. Submitting that the suit parcels were reserved and granted to the Applicant, which is a public institution in 1989, Counsel stated that the Association is entitled to own the suit land and that the 2nd-4th Respondents are registered as the proprietors of the same through unknown unscrupulous means.
12. Counsel further submitted that the Respondents had the option to file a review to challenge the determination of the National Land Commission, which they did not do. It was submitted that they sought implementation of the said determination by the Chief Land Registrar, which was declined, and they were told that they needed a Court Order to do so. The application was not opposed by the Respondents.
Analysis and Determination
13. The Applicant herein, the Kenya Scouts Association, seeks to enforce a determination by the National Land Commission in a matter where the Applicant states that the 2nd, 3rd and 4th Respondents had encroached on the land reserved for their use and enjoyment by the Provincial Allocation Committee vide letter dated 5th March 1997. The Applicant further states that the 2nd, 3rd and 4th respondents later registered the land allocated to it as NYERI MUNICIPALITY BLOCK 1/1685, NYERI MUNICIPALITY BLOCK 1/1163 and NYERI MUNICIPALITY BLOCK 1/1107.
14. The Applicant attached a Letter of Allotment dated 5th March 1997, issuing the Applicant with 5 acres of land in Nyeri County adjacent to the new Kaburuini showground.
15. The Applicant also annexed a copy of the Kenya Gazette Vol. CXIX-No.. 97 of 17th July 2017, which indicates on page 4275 that the titles to Land Parcel Numbers Nyeri Municipality Block 1/1685, Block 1/1163 and Block 1/1107 reserved for the Kenya Scouts Association are to be revoked and the land is to be allocated to the Applicant.
16. A letter from the National Land Commission dated 26th September 2018 also confirms this determination and directs the Chief Land Registrar to effect the revocation of the said suit titles. The Director of Land Administration in the Commission was directed to prepare letters of allotment.
17. The National Land Commission is established under Article 67 of the Constitution, which provides that:
(1) There is established the National Land Commission is established.
(2) The functions of the National Land Commission are—
(a) to manage public land on behalf of the national and county governments;
(b) to recommend a national land policy to the national government;
(c) to advise the national government on a comprehensive programme for the registration of title in land throughout Kenya;
(d) to conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities;
(e) to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress;
(f) to encourage the application of traditional dispute resolution mechanisms in land conflicts;
(g) to assess tax on land and premiums on immovable property in any area designated by law; and
(h) to monitor and have oversight responsibilities over land use planning throughout the country.
(3) The National Land Commission may perform any other functions prescribed by national legislation.”
18. Article 67(2) (e) in particular provides that among the functions of the National Land Commission is to initiate investigations, on its own initiative or a complaint, into present or historical land injustices, and historical land injustices, and recommend appropriate redress, which the Commission did in this case.
19. Section 80 of the Land Registration Act 2012 provides that:
“Subject to subsection (2), the court may order the rectification of the register by directing that any registration be cancelled or amended if it is satisfied that any registration was obtained, made or omitted by fraud or mistake.
(2) The register shall not be rectified to affect the title of a proprietor, unless the proprietor had knowledge of the omission, fraud or mistake in consequence of which the rectification is sought, or caused such omission, fraud or mistake or substantially contributed to it by any act, neglect or default.”
20. Aburili J in the case of Robert Mutiso Lelli and Cabin Crew Investments Ltd v National Land Commission & 3 others [2017] eKLR analysed the mandate of the National Land Commission when it comes to revocation of titles as follows:
“I have also found that the National Land Commission had no power to revoke titles as Article 68 of the Constitution and Section 14 of the National Land Commission Act limits the National Land Commission’s power to carrying out an inquiry and determining the legality or propriety of a title or disposition in public land after which it can recommend to the Registrar for revocation.”
21. Similarly, Munyao Sila J in the case of Mombasa Cement Limited v Ministry of Lands and Physical Planning & 3 others; Vipingo Estate Limited (Interested Party) (Petition 17 of 2018) [2020] KEELC 2856 (KLR) found that:
“What can be seen is that for purposes of resolving land disputes, the Constitution has established the National Land Commission (to, among other matter,s review grants and dispositions of public land subject to limitations) and the Courts…… I have also not seen any law that empowers the National Assembly to declare that a certain title is illegal, or fraudulently acquired, or direct the rectification of a land register. That power rests with the Court pursuant to Section 80 of the Land Registration Act, Act No. 3 of 2012.”
22. From the foregoing legal provisions and authorities, the Court finds that the National Land Commission acted within its Constitutional and statutory mandate in carrying out an enquiry and hearing to review, verify the title documents with respect to the suit parcels of land and make a determination as to the ownership of the land.
23. However, the Applicant states that the Chief Land Registrar required a Court order to implement the determination by the National Land Commission. The court agrees with the Applicant that when it comes to revocation of titles, the Court has the mandate to direct the Chief Land Registrar to do so.
24. The court finds that the Notice of Motion application dated 15th March 2024 has merit and is hereby allowed as prayed with no order as to costs.
Delivered, Dated and Signed at Nyeri on 1st day of August 2025