Republic v Registrar of Titles & another Ex-Parte Michael Kimani Kariuki [2017] KEELC 3191 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed the Registrar of Titles cannot cancel your land title by Gazette Notice when a court has already settled ownership.
What this practically means
#Executive summary
#Key legal issues
#Whether ownership of the suit property had already been determined by a court of law
Yes - the decree in Nakuru CMCC No. 2198 of 2004 declared that the plaintiff's house is not on public land and that he is entitled to quiet possession of plot No. 533/676, the same land, and no appeal or setting aside of that decree was shown.
The court examined the decree issued on 22 March 2006 in Nakuru CMCC No. 2198 of 2004 and noted that it expressly found the plaintiff's residential house was not on public land and that he was entitled to quiet possession of plot 533/676, the same parcel now the subject of gazettement. No material was placed before the court showing the decree had been reversed or that any appeal was filed. Ownership was therefore already judicially settled.
Whether the Registrar of Titles could cancel the title as public land
No - the Registrar offered no justification (no response was filed) and could not lawfully go against an unappealed court decree by publishing a Gazette Notice revoking the title.
The impugned Gazette Notice justified cancellation on the ground that the suit property was reserved for public land, specifically Molo Police Station. But that very question had been resolved in the applicant's favour by the 2004 suit decree, which was never appealed or set aside. The respondents filed only a memorandum of appearance and tendered no justification for the Registrar's action, leaving the Registrar's move unsustainable in law.
Whether the judicial review motion should be allowed
Yes - the motion was allowed as prayed with costs to the ex-parte applicant, since no response opposed it and the Registrar had not justified his actions.
Despite service, the respondents filed only a memorandum of appearance and never filed a response; the only evidence before the court was the ex-parte applicant's material, which established a valid title (allotment letter, payments, Certificate of Lease issued 19 February 2002) and an unappealed decree confirming his ownership. With the Registrar's action unjustified and ultra vires his powers, the court saw no reason to deny certiorari, mandamus and prohibition as prayed.
Legal principles established
#- A Registrar of Titles cannot, by Gazette Notice, cancel a title where a court of law has already determined the ownership of the property and the decree stands unappealed and unreversed.
- Where a party is aggrieved by a court decree, its remedy is appeal or setting aside the decree, not administrative revocation of the title.
Court orders
#- 1.An order of certiorari to bring to the court and quash the decision of the Registrar of Titles cancelling and revoking the ex-parte applicant's title to Molo Township 533/676 (Molo Township Block 2/462)
- 2.An order of mandamus to compel the Registrar of Titles to reinstate the land records of the cancelled title
- 3.An order of prohibition prohibiting the Registrar of Titles from interfering with the applicant's ownership, occupation, use, proprietorship and enjoyment of the suit land
- 4.Costs of the suit awarded to the ex-parte applicant
- Jurisdiction invoked
- Judicial review jurisdiction of the Environment and Land Court (not expressly grounded on a quoted provision in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Registrar of Titles & another Ex-Parte Michael Kimani Kariuki [2017] KEELC 3191 (KLR)", Case Analysis (2017). Judicial Review Motion (Nakuru, Environment and Land Court) - number not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3191/eng@2017-03-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.