Republic v Nakuru District Land Registrar & another Ex-Parte Jane Wanjiru Gatu [2018] KEELC 843 (KLR)
The bottom line
#A Kenyan land registrar cannot revoke your title without first giving you a hearing — the court quashed the revocation on that basis alone.
What this practically means
#Executive summary
#Key legal issues
#Denial of a hearing before revocation of the applicant's title
The motion must succeed on the sole ground that the applicant was not heard before her title was revoked
The applicant averred she was never heard before the decision to revoke her title, and this was not controverted in the Registrar's replying affidavit. The court held that audience is a cardinal requirement of natural justice, and the failure to afford a hearing vitiated the decision-making process, independently of whether the revocation was substantively justified.
Scope of judicial review
The court confined itself to due process considerations and made no findings on the merits of the title
Adopting the Municipal Council of Mombasa formulation, the court held that it may not act as a court of appeal over the decision-maker. Questions whether the title was properly procured or whether the land belongs to Moi Primary School were left to a substantive suit, if ever filed.
Legal principles established
#- A person ought not to be condemned unheard; a decision made without hearing the affected party is liable to be quashed on that ground alone
- Judicial review is concerned with the decision-making process, not the merits of the decision itself
Court orders
#- 1.An order of certiorari quashing Gazette Notice No. 15574 of 26 November 2010 in so far as it relates to title Nakuru Municipality Block 12/277
- 2.An order of prohibition prohibiting the respondents from taking any action that has its root in the said Gazette Notice
- 3.Costs awarded to the ex-parte applicant
- Jurisdiction invoked
- Original supervisory jurisdiction over administrative decision-making through orders of judicial review (certiorari and prohibition)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Nakuru District Land Registrar & another Ex-Parte Jane Wanjiru Gatu [2018] KEELC 843 (KLR)", Case Analysis (2018). Judicial Review Motion (Nakuru High Court, JR). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/843/eng@2018-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.