Republic v Commissioner of Lands & another Ex – Parte George Kimani Njuki [2018] KEELC 1525 (KLR)
The bottom line
#Kenya's lands registry cannot revoke your land title by simply publishing a gazette notice — only a court can, after hearing you first.
What this practically means
#Executive summary
#Key legal issues
#Whether the revocation of the applicant's title without a hearing was lawful
The revocation was unlawful as the applicant was not accorded a fair hearing; only a court can order revocation of a title and the affected party must first be heard
The court held that the repealed Registered Land Act (sections 142(c), 143(1), 154(1)) and the Land Act prescribe the procedure for cancellation or revocation of a certificate of lease, mandating that only a court may order revocation and that the affected party must first be notified and heard. The Respondents filed no response, so the applicant's averments remained uncontroverted, and the gazette notice gave no indication that a hearing was accorded.
The proper parameters of judicial review
Judicial review concerns the decision-making process, not the merits of the decision
Following the Court of Appeal's decision in Municipal Council of Mombasa vs Republic & Umoja Consultants Ltd, the court framed its inquiry around jurisdiction, hearing and relevant/irrelevant considerations, rather than sitting as a court of appeal over the decision maker's merits. The focus was on whether the process accorded with the law and fairness, not whether the revocation was substantively justified.
Legal principles established
#- A Certificate of Title is prima facie evidence of ownership and can only be challenged if issued through fraud or misrepresentation
- Only a court may order cancellation or revocation of a certificate of lease, and the affected party must first be heard
Court orders
#- 1.An order of Certiorari quashing the decision of the District Lands Registrar, Kajiado, contained in the Kenya Gazette No. 15581 of 26th November, 2010 revoking the Applicant's title to Ngong/Ngong Block 2/582
- 2.An order of mandamus compelling the District Lands Registrar, Kajiado to issue a fresh Gazette Notice revoking Gazette Notice No. 15581 of 26th November, 2010 with regard to Ngong/Ngong Block 2/582
- 3.Costs of the application awarded to the applicant
- Jurisdiction invoked
- Sections 8 and 9 of the Law Reform Act (Cap 26), Order 53 of the Civil Procedure Rules, and Articles 40, 47, 48 and 50 of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Commissioner of Lands & another Ex – Parte George Kimani Njuki [2018] KEELC 1525 (KLR)", Case Analysis (2018). ELC Judicial Review No. 20 of 2018 (Formerly Machakos Judicial Review ELC No. 132 of 2011). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1525/eng@2018-10-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.