Mwiki investors lose appeal as court declares contested land public property » Capital News

NAIROBI, Kenya, Jul 29 – Nairobi-based Mwiki Company Limited has lost its bid to reclaim land titles revoked by the National Land Commission (NLC) after the Court of Appeal upheld a ruling declaring the parcels public property.

Justices Francis Tuiyott, Pauline Nyamweya, and Fred Ochieng dismissed the firm’s appeal against a 2015 NLC decision that nullified its ownership of LR 8469/4/7 and several subdivided plots in LR 8469/14, which had been reserved for public use, including a primary school and open spaces.

In its judgment, the Court ruled that Mwiki Company unlawfully amalgamated and subdivided the parcels, which were originally designated for community amenities, and therefore could not claim protection as bona fide purchasers.

“The NLC was within its powers to review how these parcels of land metamorphosed from public spaces to private lands,” the judges held in a decision rendered on Fridauy, adding that land reserved for public utilities cannot be converted to private ownership without due process.

The Court also relied on recent Supreme Court decisions — including Dina Management Limited vs County Government of Mombasa — which clarified that titles acquired through illegal allocations cannot be shielded, even if purchased in good faith.

2015 revocation

The conflict dates back to November 2015, when the NLC revoked Mwiki Company’s titles, finding that the parcels had been illegally transferred and ordered that the land be vested in the government for public use.

The revoked plots included land earmarked for a primary school and open spaces for residents of Mwiki.

Mwiki Company argued that it lawfully purchased and amalgamated the properties after obtaining certificates of lease from Mukinyi Enterprises and that its members were entitled to protection as bona fide purchasers.

However, the Court noted that survey maps presented during the proceedings showed the land had been set aside for public utilities, and the firm could not feign ignorance of the restriction.

The Court of Appeal dismissed all sixteen grounds of appeal raised by the company and upheld the Environment and Land Court’s finding that no constitutional rights were violated by the NLC.

The appeal was dismissed with no order as to costs due to the matter’s public interest nature.