Republic v County Land Registrar, Uasin Gishu & another Ex parte Philip Kimaiyo Komen & another [2017] KEELC 475 (KLR)
The bottom line
#Kenya's High Court ordered the Uasin Gishu Land Registrar to register leases, ruling that public officials cannot delay land registration without giving reasons.
What this practically means
#Executive summary
#Key legal issues
#Whether mandamus should issue against the County Land Registrar
Mandamus issued compelling the 1st respondent to register the leases over the two suit properties in favour of the applicants.
The applicants applied for and were lawfully allocated the suit properties after the previous leases expired in 2007 without renewal. They complied with allotment conditions, paid stand premium, rent and rates, and the National Land Commission executed and forwarded the leases to the 1st respondent for registration on 13th August 2013 with a direction to register. The 1st respondent neither registered nor gave any reasons for the delay or refusal despite repeated demands, and filed no response controverting the applicants' affidavit evidence. Such inaction was procedurally improper, unreasonable and a breach of legitimate expectation, justifying mandamus.
Whether the respondent's silence and failure to act violated fair administrative action
The failure to register and to give reasons was unconstitutional under Article 47(1) and (2).
A public body's failure to state reasons for action or inaction amounts to procedural impropriety and an affront to fair administrative action. Article 47(2) guarantees expeditious, efficient, lawful, reasonable and procedurally fair administrative action and written reasons where a right is affected. The court held that inaction counts as action for this purpose, and the respondent offered no reasons for deferring or delaying registration.
Legal principles established
#- Failure by a public body to give reasons for its action or inaction amounts to procedural impropriety and violates Article 47(1) and (2) of the Constitution; failure to take action or to make a decision is 'action' for purposes of Article 47.
- Mandamus issues to compel performance of a public statutory duty where the person or body on whom the duty is imposed fails or refuses to perform it to the detriment of a party with a legal right to expect performance.
- A public officer to whom lease documents have been forwarded for registration by superior organs of land administration has no discretion to decline registration; refusal breaches legitimate expectation.
Court orders
#- 1.An order of mandamus compelling the 1st respondent to register the leases over the properties known as Eldoret Municipality Block 8/168 and Eldoret Municipality Block 8/169 in favour of Leonard Cheruiyot Akori and Philip Kimaiyo Komen respectively
- Jurisdiction invoked
- Order 53 of the Civil Procedure Rules (judicial review jurisdiction of the High Court); Article 47 Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v County Land Registrar, Uasin Gishu & another Ex parte Philip Kimaiyo Komen & another [2017] KEELC 475 (KLR)", Case Analysis (2017). Judicial Review (Notice of Motion) filed 27th September 2017, Eldoret. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/475/eng@2017-11-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.