The Court of Appeal recently made a significant decision overturning a ruling by the Environment and Land Court (ELC) regarding land ownership within the Wilson Airport catchment area. The three-judge bench, comprised of Justices Hannah Okwengu, Kibaya Imaana Laibuta, and John Mativo, found that the African Inland Church (AIC) was mistakenly granted ownership of a portion of land that had been reserved for public use since 1962.
The court noted that the title deed issued to AIC for the land parcel within Wilson Airport’s boundary was done so improperly, as the proper allotment procedures were not followed. The judges emphasized that the ELC judge failed to thoroughly evaluate and analyze the evidence presented before her, leading to an incorrect conclusion that AIC had rightful ownership of the property.
The dispute centered around a 0.3399-hectare piece of land claimed by AIC, which is situated within a larger 163.67-hectare plot owned by the Kenya Airports Authority (KAA). AIC argued that it had legally acquired the land in 1990 and presented a valid title as evidence of ownership. However, KAA contended that the land was part of the reserved area for Wilson Airport and could not have been lawfully allocated to a private entity like AIC.
The Court of Appeal criticized the ELC’s decision, stating that the trial judge failed to adequately consider KAA’s evidence demonstrating that the disputed land was indeed intended for airport use. The appellate court highlighted the importance of following proper land allocation procedures, noting that AIC’s acquisition of the land was flawed due to the lack of essential documentation and procedural steps.
In its ruling, the Court of Appeal emphasized that the burden of proof lay on AIC to demonstrate that the land allocation process was conducted correctly and that the title it held was legally obtained. The court concluded that the title issued to AIC was not valid as the necessary procedures for land allocation were not followed.
This case serves as a reminder of the importance of adhering to legal procedures when acquiring land and highlights the significance of due diligence in property transactions. Moving forward, it is crucial for all parties involved in land disputes to ensure that proper protocols are followed to avoid similar legal challenges.
