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ELCAllowedPleadings dated 9th May 2022 (plaint; number not stated in judgment)

County Government of Kakamega v Ali (Environment and Land Case E008 of 2022) [2025] KEELC 5417 (KLR)

Environment and Land Court
16 July 2025
2,951 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~12 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court in Kakamega ordered forfeiture of a lease because the owner left allocated public land undeveloped for over ten years.

What this practically means

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Executive summary

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The County Government of Kakamega, as lessor, sued for forfeiture of a lease over land parcel Kakamega Municipality/Block III/296 on account of lack of development. The lease was registered on 28th November 2007 and a certificate of lease issued to the defendant on 4th October 2011, subject to Special Condition No. 2 requiring submission of building plans within six months of registration and completion of development within 24 months. The plaintiff alleged the property remained undeveloped for over ten years. After a gazetted Appeals Panel of the Kakamega County Land Application, Extension of Leases and Land Administration Committee recommended repossession (the defendant having failed to appear), the plaintiff served a notice of repossession on 11th January 2022, delivered by WhatsApp on 31st January 2022, and filed suit on 13th May 2022. The defendant neither entered appearance nor filed defence, and the case proceeded ex parte with viva voce evidence from one witness. The court framed two issues: breach of the lease and entitlement to forfeiture. Relying on Article 60(1) of the Constitution and sections 12(9), 31, 73 and 75 of the Land Act, the court held that allocation of public land is for sustainable development and not speculation, that the covenant to develop is fundamental, and that undeveloped allocated land automatically reverts to the national or county government. Finding the breach proved and the statutory notice procedure complied with, the court allowed the suit and ordered forfeiture of the lease. No costs order is recorded.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether the defendant breached the terms of the lease issued to him
  2. 2.whether an order of forfeiture of lease in regard to the suit property should issue

Key legal issues

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01

Whether the defendant breached the terms of the lease

Holding

Yes - the defendant breached Special Condition No. 2 by failing to submit building plans within six months and to develop the land within 24 months of registration of the lease

Reasoning

The lease was registered on 4th October 2011 and required building plans within six months and completion of development within 24 months. The plaintiff's evidence, including the certificate of official search, the lease and the Appeals Panel Committee report excerpt, showed no development on the suit property more than ten years after the certificate of lease was issued. The court therefore found a fundamental breach entitling the lessor to exercise its right of forfeiture.

p. 6
02

Whether the plaintiff complied with the statutory forfeiture procedure

Holding

Yes - notice was given by newspaper publication on 16th February 2021 and by WhatsApp on 31st January 2022, and the defendant was given an opportunity to be heard before the gazetted Appeals Panel

Reasoning

Section 75 of the Land Act requires thirty days' notice specifying the breach and requiring remedy and compensation before forfeiture. The plaintiff published a notice inviting affected persons to be heard, constituted an Appeals Panel, served a repossession notice on 31st January 2022, and filed suit on 13th May 2022, by which time the defendant had more than thirty days to remedy the breach but did not. The court was satisfied the required procedure was followed.

p. 6
03

Whether forfeiture of the lease should issue

Holding

Yes - the lease over Kakamega Municipality/Block III/296 is forfeited on account of lack of development

Reasoning

Article 60(1) requires land to be held and used equitably, efficiently, productively and sustainably, and section 12(9) of the Land Act provides that allocated land not developed in accordance with the lease automatically reverts to the national or county government. Since the defendant fundamentally breached the development covenant and the plaintiff followed the forfeiture procedure, the court declared the lease forfeited as sought in the plaint.

p. 6

Legal principles established

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  • Allocation of public land is conditional; if the lessee fails to develop the land as required by the lease, the land reverts to the national or county government
  • The covenant to develop is fundamental to a lease of allocated public land and breach of it entails forfeiture
  • Forfeiture of a lease for breach of covenant requires prior notice of not less than thirty days specifying the breach and requiring remedy and compensation

Court orders

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  1. 1.The suit is allowed as prayed
  2. 2.An order that the lease in respect of land parcel title No. Kakamega Municipality/Block III/296 is forfeited on account of the defendant's lack of development of the property

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over the suit land; pleaded claims founded on Article 60(1) of the Constitution and the Land Act, 2012 (sections 12(9), 31, 73 and 75)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the end, I am satisfied that the plaintifi has proved its case on the required standard and the same is hereby allowed as prayed. Consequently, an order is hereby issued that the lease in respect to land parcel title No. Kakamega Municipality/ Block III/296 is hereby forfeited on account of the defendant's lack of development of that property.
p. 6Final orders - forfeiture of lease
Allocation of public land is for sustainable development purposes and not for speculation.
p. 3Principles of land policy
Where public land allocated to a private individual is not developed as required in the lease instrument, the land automatically reverts back to the National or County Government as the case may be.
p. 4Reversion of undeveloped allocated public land
The covenant to develop the land is inherently fundamental to the lease instrument that breach of the same would automatically cancel the lease.
p. 4Fundamental nature of the development covenant
I am therefore satisfied that the plaintifi complied with the required procedure in exercising its right of forfeiture and is therefore entitled to the orders sought in the plaint.
p. 6Compliance with statutory forfeiture procedure

Issues in the judgment

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minor

The name of the defendant and the full case number of the suit are not stated anywhere in the judgment as provided; the parties are referred to only as 'plaintiff' and 'defendant'.

minor

Paragraph numbering in the analysis skips from paragraph 21 to paragraph 23; there is no paragraph 22.

minor

The court applies Nyoro v Karinstreap (a case about lessor's forfeiture rights generally) and cites Kahindi Ngala Mwagandi v Mtana Lewa, whose name is inconsistently spelled in the judgment ('Mwagandi' and 'Mwangandi').

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "County Government of Kakamega v Ali (Environment and Land Case E008 of 2022) [2025] KEELC 5417 (KLR)", Case Analysis (2025). Pleadings dated 9th May 2022 (plaint; number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5417/eng@2025-07-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.