Legal Alert | Kenya | The National Land Commission Announces Determinations on Hundreds of Land Titles - Africa Legal Network

Legal Alert | Kenya | The National Land Commission Announces Determinations on Hundreds of Land Titles

 

The question of who is the rightful owner of land in Kenya is often a contentious and difficult issue to resolve. On 17 July 2017, via Special Gazette Notice No. 6862, the National Land Commission (NLC) made determinations in relation to hundreds of grants and dispositions of land, revoking, regularising or upholding titles to land. To access the Special Gazette Notice and review the affected properties please open this link.

The right to ownership of land is protected under Article 40 of the Constitution, which grants every person the right, either individually or in association with others, to acquire or own land of any description and in any part of Kenya. This means that, lawful and legitimate owners of land are protected from arbitrary deprivation of their land in any part of Kenya.

If any person believes that the decision made by NLC was arbitrary or unlawful, they have the right to challenge the decision in a court of law and seek the following remedies:

  1. a declaration of rights issued, including but not limited to a declaration of ownership of land;
  2. an injunction issued barring the NLC or Chief Land Registrar from revoking a title to land;
  3. an interim order protecting the land from revocation or other harm pending determination of the suit;
  4. an order of compensation issued for the violation of constitutional rights and actual losses suffered as a result of the revocation of titles to land; and
  5. orders of judicial review, including an order compelling the NLC or Chief Land Registrar to do a perform a particular act, an order preventing the NLC or Chief Land Registrar from revoking the titles to land and an order quashing the decision by the NLC or Chief Land Registrar to revoke titles to land.

The Act also provides that no revocation of title to land shall be effected against a bona fide purchaser for value without notice of a defect in the title to land. Such a bona fide purchaser whose title to land has been revoked could challenge the revocation before a court of law.

Should you have any questions on this legal alert, please do not hesitate to contact Mona Doshi or Aisha Abdallah.

   
Mona K. Doshi
Partner
mkd@africalegalnetwork.com
Aisha Abdallah
Partner
aa@africalegalnetwork.com

The content of this alert is intended to be of general use only and should not be relied upon without seeking specific legal advice on any matter.

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