Republic v District Land Registrar Meru Central District Ex-parte Wilson Mburugu Magiri [2018] KEELC 1120 (KLR)

The court examined the Government Lands Act and found no provision empowering the Registrar to revoke a title or letter of allotment. Sections 60 and 61 of the Registration of Titles Act provide the mechanism for rectification, which involves a court process. The gazette notice was also misplaced because the suit land had not been registered; only a letter of allotment existed.

Article 47 of the Constitution guarantees fair administrative action and written reasons. The rules of natural justice require prior notice and an opportunity to be heard before adverse action. There was no evidence the Respondent accorded the Applicant a hearing before gazetting the cancellation, violating both constitutional and common law fair hearing rights.

Relying on Wreck Motors, Joseph Arap Ng'ok and Rukaya Ali Mohamed, the court held that title comes into existence upon issuance of a letter of allotment, fulfilment of its conditions, and issuance of the title document. The Applicant accepted the terms and paid stand premium and rents, acquiring an interest protected under section 75 of the old Constitution and Article 40 of the 2010 Constitution.

The Respondent argued the Applicant should have sued the Attorney General under section 129(1) of the Government Proceedings Act and that judicial review was the wrong vehicle since he challenged the decision not the process. The court acknowledged judicial review concerns process, but found the Respondent failed to explain the procedure he followed, and found the decision-making process itself flawed.