Kenya Anti-Corruption Commission v Vincent Kipkirui Tuwei, Wilson Gacanja & United Millers Ltd [2020] eKLR Case Summary

Court
Environment and Land Court at Kisumu
Category
Civil
Judge(s)
S. M. Kibunja, A. Ombwayo
Judgment Date
March 06, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Kenya Anti-Corruption Commission v Vincent Kipkirui Tuwei, Wilson Gacanja & United Millers Ltd [2020] eKLR


1. Case Information:
- Name of the Case: Kenya Anti-Corruption Commission v. Vincent Kipkirui Tuwei, Wilson Gacanja, United Millers Ltd
- Case Number: E & L Case No. 415 of 2015
- Court: Environment and Land Court of Kenya at Kisumu
- Date Delivered: March 6, 2020
- Category of Law: Civil
- Judge(s): S. M. Kibunja, A. Ombwayo
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving the following legal issues:
- Whether the suit land was part of the land set apart and vested with the Kenya Railways Corporation.
- Whether the suit land was available for alienation when it was allocated to the 1st Defendant.
- Whether the 1st Defendant obtained good title to the suit land capable of being transferred to the 3rd Defendant.
- Which of the prayers sought by the Plaintiff should be granted.

3. Facts of the Case:
The Plaintiff, Kenya Anti-Corruption Commission, initiated the suit against the Defendants—Vincent Kipkirui Tuwei (1st Defendant), Wilson Gacanja (2nd Defendant), and United Millers Ltd (3rd Defendant). The suit involved a parcel of land known as Kisumu Municipality/Block 7/503, which the Plaintiff claimed was part of a larger parcel designated as a railway reserve since 1935. The Plaintiff alleged that the 1st Defendant fraudulently obtained a lease for the land from the 2nd Defendant and subsequently transferred it to the 3rd Defendant. The Plaintiff contended that all transactions regarding the land were illegal due to the Corporation's vested interest in it.

4. Procedural History:
The Plaintiff filed a further amended plaint on June 22, 2010, seeking multiple declarations regarding the validity of the lease and seeking rectification of the land register. The Defendants denied the claims, asserting that their acquisition of the land was legal. The case proceeded to trial, where the Plaintiff presented evidence through witnesses, while the Defendants did not call any witnesses despite being given opportunities to do so. The 2nd Defendant did not participate in the hearing.

5. Analysis:
- Rules: The court considered relevant statutes and legal principles, particularly concerning land ownership and the authority of the Commissioner of Lands to allocate government land. The court referenced Article 40(6) of the Constitution and Section 26 of the Land Registration Act No. 3 of 2012.
- Case Law: The court cited previous cases, including *Kipsirgoi Investments Ltd v. Kenya Anti-Corruption Commission* and *James Joram Nyaga & Another v. The Attorney General & Another*, to support its findings regarding the illegality of the land allocation and the responsibilities of the Defendants in establishing good title.
- Application: The court found that the evidence presented by the Plaintiff confirmed that the land was not available for allocation when the 1st Defendant received the lease. The Defendants' failure to provide evidence undermined their defense, leading the court to conclude that the 2nd Defendant acted beyond his authority in issuing the lease. Consequently, the 3rd Defendant could not claim to be a bona fide purchaser without notice.

6. Conclusion:
The court ruled in favor of the Plaintiff, granting the declarations sought regarding the nullification of the lease and the issuance of a permanent injunction against the 3rd Defendant. The court emphasized the importance of adhering to legal processes in land transactions and the implications of fraudulent activities in land dealings.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The court found that the Plaintiff successfully proved its case against all three Defendants, leading to the annulment of the lease and restoration of the land to the Kenya Railways Corporation. This case underscores the significance of lawful land allocation processes and the consequences of fraudulent actions in land transactions in Kenya. The ruling not only rectified the title issues but also reinforced the legal protections surrounding government land reserves.

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