Kenya Anti-Corruption Commission v Vincent Kipkurui Tuwei & another [2020] eKLR Case Summary

Court
Environment and Land Court at Kisumu
Category
Civil
Judge(s)
S. M. Kibunja, A. Ombwayo
Judgment Date
February 03, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Kenya Anti-Corruption Commission v Vincent Kipkurui Tuwei & another [2020] eKLR


1. Case Information:
- Name of the Case: Kenya Anti-Corruption Commission v. Vincent Kipkurui Tuwei & Sammy Komen Mwaita
- Case Number: E&L CASE NO. 872 OF 2015
- Court: Environment and Land Court of Kenya
- Date Delivered: February 3, 2020
- Category of Law: Civil
- Judge(s): S. M. Kibunja, A. Ombwayo
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving several legal issues, including:
- Whether the suit property was part of the land set apart and vested in the Kenya Railways Corporation.
- Whether the suit property was available for alienation when the 2nd Defendant allocated it to the 1st Defendant.
- Whether the transactions involving the suit property by the Defendants were unlawful and fraudulent.
- Whether the Plaintiff suffered loss and damages, and if so, to what extent.
- Who should bear the costs of the suit.

3. Facts of the Case:
The Plaintiff, Kenya Anti-Corruption Commission, filed a suit against the 1st Defendant, Vincent Kipkurui Tuwei, and the 2nd Defendant, Sammy Komen Mwaita, concerning land parcel Kisumu Municipality/Block 7/520. The Plaintiff claimed that this land, originally part of a railway reserve, was unlawfully allocated to the 1st Defendant by the 2nd Defendant. The Plaintiff alleged that the allocation was fraudulent and sought various declarations, including the nullification of the lease and rectification of the land register to restore the property to Kenya Railways Corporation.

4. Procedural History:
The Plaintiff initiated the case with an amended plaint on June 22, 2010, outlining several prayers for relief. The 1st Defendant filed an amended statement of defense on June 26, 2010, contesting the Plaintiff's claims and asserting that he legally acquired the suit land. The 2nd Defendant also opposed the claim, denying knowledge of the land's status and asserting that the allocation was procedurally done. The Plaintiff presented witnesses and evidence, while the Defendants did not provide evidence or submissions during the hearings.

5. Analysis:
- Rules: The court considered several statutes, including the Kenya Railways Act (Chapter 397), which governs the management of railway reserves, and the Land Registration Act (No. 3 of 2012) regarding land titles.
- Case Law: The court referenced prior cases, including *Kipsirgoi Investments Ltd v. Kenya Anti-Corruption Commission* and *James Joram Nyaga & Another v. Hon. Attorney General & Another*, which discussed the limits of the Commissioner of Lands' powers and the implications of unlawful land allocation.
- Application: The court found that the evidence presented by the Plaintiff substantiated their claims that the land was part of a railway reserve and thus unavailable for allocation. The Defendants failed to provide evidence to support their claims of lawful allocation. Consequently, the court determined that the title held by the 1st Defendant was unlawfully obtained and not protected under the law.

6. Conclusion:
The court ruled in favor of the Plaintiff, declaring the lease and registration of the suit property to the 1st Defendant as null and void. The court ordered the rectification of the land register and granted a permanent injunction against the 1st Defendant from dealing with the property. The Plaintiff was awarded costs for the suit.

7. Dissent:
There were no dissenting opinions recorded in this case, as the judgment was unanimous.

8. Summary:
The case addressed significant issues regarding land ownership and the unlawful allocation of public land. The court's ruling reinforced the importance of adherence to legal procedures in land allocation and the protection of public land reserves. The decision serves as a precedent for similar cases concerning land rights and anti-corruption efforts in Kenya.

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