NAIROBI, Kenya, Sep 22 — The Supreme Court has reinstated the ownership of an 83.9-hectare parcel of land in Nairobi’s Embakasi area to Nairobi County dismissing claims on the suit property by a private enterprise identified as Torino, and the Department of Defence (DoD).
In a ruling rendered on Friday, the Supreme Court determined that despite DoD having proven exclusive occupation of the land, it did not prove acquisition of a valid land title.
The apex court said it was persuaded Nairobi City Council (NCC) acquired a valid title for the land from Kayole Estates Ltd being the original holder of a 5,639-acre parcel later subdivided into eight portions including the contested property.
“Although DoD proved that it has been in exclusive occupation and use of the suit
property from 1986 to date, with the full knowledge and authority of NCC and
the Commissioner of Lands, it failed to prove that it had acquired valid title to
the suit property,” a five-judge bench led by Justice Mohammed Ibrahim stated.
“As matters currently stand, title to the suit property remains vested in Nairobi County which is the legal successor to the defunct Nairobi City Council,” Justice Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola and William Ouko asserted.
Torino Enterprises Ltd had filed an appeal contesting the continued occupation of the land by DoD saying it had acquired the parcel in 1999 from a private firm named Renton.
The appellant secured a ruling at the High Court declaring DoD’s occupation illegal but the Court of Appeal overturned the decision, determining that neither Renton nor the military had proven a valid claim on the land.
Proof of registration
The Court of Appeal held that being a private parcel, DoD could not have been allocated the land by the Commissioner of Lands.
Supreme Court made a similar finding saying the Commissioner of Lands could allot a privately owned parcel.
“There being no question as to the regularity and legality of the process by which
the said land was alienated in favour of Kayole Estates Ltd, the same was effectively divested from the purview of the regulatory regime of the Government Lands Act (now repealed),” the judges held.
“Once an individual or entity acquires any un-alienated government land, consequent upon registration of title in accordance with the provisions of the applicable law, such land transmutes from public to private land,” the five-judge bench noted.
The bench noted that the 1964 alienation of the 5,639-acre land to Kayole Estates Ltd transformed the parcel’s status from “un-alienated government land to private freehold land”.
The court further dismissed Torino’s claim that Renton, the firm it claimed was allotted the parcel in 1999, transferred to it valid ownership stating that an allotment letter by itself could not confer interest in land.
Judges held that possession of land is realized upon registration of the same.
“It is the act of registration that confers a transferable title to the registered proprietor, and not the possession of an Allotment Letter,” the court explained.
