Court: NLC Has No Powers To Revoke Title Deeds Even If Obtained Irregularly
The Environment and Land Court has ruled that the National Lands Commission (NLC) does not have the authority to revoke title deeds, particularly on land that has never been public or government land. Judge Addraya Dena, sitting in Kwale, ruled that there is no provision allowing the commission to revoke titles even if it is proven that they were obtained illegally or irregularly. “The power to revoke title is vested in the Registrar and not the commission, which can only recommend,” said the judge who also stated that the commission has jurisdiction to review all land grants or dispositions, but only for public land or land that was previously public but was later converted to private land. The Judge did, however, observe that the provisions of Article 67 (2) of the Constitution supersede the provisions of Section 14 (4) of the NLC Act, which gives the commission the authority to make a determination after hearing land-related disputes. The article empowers the commission to conduct investigations into current or historical land injustices, either on its own initiative or in response to a complaint, and to recommend appropriate redress. Justice Dena issued the decision in a case in which six Kwale residents…






