Camillah Agak

Human Rights|Lawyer|🇰🇪 #IHL #ICL #PIL

[Camillah Agak @KnightCamila]

There are many people who can do big things,
but there are very few people who will do the
small things.
― Mother Teresa

[Bloomberg @business]

Kenya plans 100 billion shillings ($772 million) of green bonds to boost agricultural production, climate resilience and competitiveness. https://t.co/jslUtjhy3d

[🍂 @Lovandfear]

Pattern recognition is the highest form of intelligence.

[Synekura Audio @synekura_audio]

Toni Morrison: "It is more interesting, more complicated, more intellectually demanding and more morally demanding to love somebody, to take care of somebody, to make one other person feel good"

[MontgomeryAdvertiser @MGMAdvertiser]

Civil Rights Attorney Fred Gray talks about starting a Second Civil Rights Movement.
https://t.co/e6mtVOTOs4

[Zakheem Rajan - The Paparazzi @zakheem_rajan]

Dear Law Students,
Today’s spotlight is on Supreme Court decision: Title Deeds are Prima Facie Evidence but Not Conclusive Proof of Land Ownership

Harcharan Sehmi & another v Tarabana Company Limited & 5 others, Petition E033 of 2023; [2025] KESC 21 (KLR)
https://t.co/7ApwFTrhhi

Brief Facts
The appellants were registered leasehold proprietors of land in Nairobi acquired in 1968. Before the lease expired in 2001, they applied for renewal but received no formal response. In 2009, the Government allocated the same land to the 2nd respondent, who later transferred it to the 1st respondent. The appellants remained in possession until their eviction in 2014. They filed a suit before the Environment and Land Court, which nullified the respondents’ titles and reinstated the appellants as owners.

However, the Court of Appeal reversed the ELC’s judgment, holding that the 1st respondent was a bona fide purchaser. The Supreme Court considered whether such a purchaser’s title could withstand an illegal allocation and addressed the doctrine of legitimate expectation in lease renewals.

Issues
i. Whether the concept of indefeasibility of title under Section 23 of the repealed Registration of Titles Act was similarly applicable under Section 26 of the Land Registration Act.

ii. Whether a certificate of title is conclusive or prima facie evidence of ownership.

iii. The meaning, scope, and applicability of the doctrine of bona fide purchaser for value without notice.

iv. Whether a legitimate expectation arises in the context of lease renewal over public land.

Holding
1. Under the repealed Registration of Titles Act, title was conclusive evidence of ownership. On the other hand, under the Land Registration Act, a certificate of title is only prima facie evidence of ownership and can be challenged for fraud, misrepresentation, or illegality.

2. A bona fide purchaser must prove (i) innocence, (ii) payment of value, and (iii) acquisition of a legal estate. The doctrine protects purchasers against prior equitable interests, not illegal titles. It does not shield purchasers of illegally or irregularly allocated public land titles.

3. A title obtained through illegal or procedurally flawed processes is void. Such a title cannot confer valid ownership or attract equity’s protection, even where the purchaser lacked knowledge of the illegality.

4. An original allottee of leasehold public land remains a lessee, not an owner. The estate subsists until expiry, after which the land reverts to the Government. Any subsequent allotment must follow lawful procedures.

5. The appellants had a legitimate expectation of renewal based on their application, occupation, and past renewals granted to others. A legitimate expectation arises when (i) there is a clear promise by a competent authority, (ii) the expectation is reasonable, and (iii) it is not contrary to law. The Government failed to consider or respond to their application, thus breaching procedural fairness.

6. The Court cautioned that recognising pre-emptive rights over public land leases could improperly convert leases into permanent ownership. A legitimate expectation gives a right to fair consideration, not automatic entitlement to renewal.

The petition was allowed.

[Judicial Service Commission Kenya (JSC) @jsckenya]

📢 Public Notice

JSC Recruitment and Selection of Resident Magistrates

The Judicial Service Commission has shortlisted 598 candidates for the position of Resident Magistrate.

On 9th June 2025, the Commission advertised one hundred (100) posts of Resident Magistrate. The advertisement attracted a total of 1742 applicants.

You can access the shortlist on the JSC website by clicking the link below

https://t.co/eBLkYFD4lB

[Moe @moneyacademyKE]

Global powers like the US, China, and Australia want to mine rare earths at Kenya’s Mrima Hill, worth Sh8 trillion ($62 billion).

This risks locals losing their land, homes, and sacred forests.

[Dr. Peter Ogallo, MBA @PeterOgallo1]

@ntvkenya Read my 2 cents on the same here

[NTV Kenya @ntvkenya]

#CarbonCONtracts

Netflix, Meta and NatWest Bank have collectively invested between USD 40-90 million in a carbon offset project in Northern Kenya.

They're doing it to reduce their carbon footprint. But tonight, we ask: at what cost to the people whose land makes it all possible?

Watch: https://t.co/pe5Dy5FkSH

[Moe @moneyacademyKE]

Here is an explanation of rare earth metals:

[Vitalis Ngoka👊🏼 🇰🇪 @Vitalis_Ngoka]

The people’s President 💔

[Dr love @blacklives01]

Winnie Odinga hands over Baba's white Fedora hat he wore minutes before his death to her mother Ida in respect of the late Raila Odinga...#RailaTheEnigma #Raila_Odinga

[James Lucas @JamesLucasIT]

Thread of the most surreal beaches on Earth

1. Pathway to Atlantis, Thailand

[Sheila Masinde @SheiMasinde]

Kibaki fired his entire cabinet in 2005 after losing referendum; a number of them were reappointed.Vigilance 2 ensure that those that have ethical issues,corruption&other criminal cases r not reappointed.
@RedCardKE listed those unfit 4 election & CS role https://t.co/MUKiSIaOZ1

[Camillah Agak @KnightCamila]

Kenyan police force to leave for UN-backed Haiti mission on Tuesday https://t.co/FoTELNotft via @FRANCE24

[Katiba Institute @katibainstitute]

Katiba Institute case on recall:

Katiba Institute & another v Attorney General & another [2017] eKLR https://t.co/USwqr6j5jO

[Nature is Amazing ☘️ @AMAZlNGNATURE]

A Cheetah and her Cheetos

[Massimo @Rainmaker1973]

How big is Africa, in reality.

[Larry Madowo @LarryMadowo]

This picture says a lot about Nairobi 🇰🇪

[Camillah Agak @KnightCamila]

@wamiruevans 🤣🤣🤣