Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedNot stated in judgment (Chamber Summons dated 23rd May, 2018)· [2018] KEELC 2297 (KLR)

Republic v Attorney General & another Ex-Parte George Mbugua Muriithi [2018] KEELC 2297 (KLR)

High Court of Kenya
24 July 2018
COChristine Ochieng
1,181 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

The High Court allowed a landowner to sue the Land Registrar, Kajiado for refusing to replace his missing land records, confirming registrars must reconstruct lost registers.

What this practically means

#

Executive summary

#
The ex parte Applicant, George Mbugua Murithii, moved the Court by Chamber Summons dated 23rd May 2018 under Order 53 rules 1, 2 and 3 of the Civil Procedure Rules seeking leave to apply for an order of mandamus compelling the Land Registrar, Kajiado (the 2nd Respondent) to reconstruct the register and replace the missing Green Cards for land parcels KAJIADO/KAPUTIEI-NORTH/58736, 58737 and 58738, of which he is the registered owner. He deponed that despite a demand letter dated 5th April 2018 to the Land Registrar and notice to the Attorney General, the Registrar refused or ignored requests to reconstruct the records, rendering him unable to search, sell, charge or otherwise deal with the parcels. The court framed a single issue: whether the Applicant was entitled to leave to commence judicial review proceedings. Relying on Order 53 rule 1 and the parameters laid down by Waki, J in Republic v County Council of Kwale & Another Ex Parte Kondo & 57 Others, the court held that the leave stage filters out frivolous, vexatious or hopeless applications and requires only an arguable case fit for further investigation at a full inter partes hearing. Finding that the 2nd Respondent is the custodian of land records legally mandated to reconstruct missing records, the court allowed the application, granted leave, and directed the Applicant to file and serve the substantive judicial review proceedings within 21 days, with costs in the cause.

Key legal issues

#
01

Whether the ex parte Applicant was entitled to leave to apply for an order of mandamus against the Land Registrar

Holding

Leave was granted; the Applicant demonstrated an arguable case since the 2nd Respondent is the custodian of land records mandated to reconstruct missing records

Reasoning

Applying Order 53 rule 1 of the Civil Procedure Rules and the parameters in Republic v County Council of Kwale ex parte Kondo, the court held that the leave stage is a filter against frivolous or vexatious applications, not a full hearing. On the verifying affidavit, annexed demand letter to the Land Registrar, and notice to the Attorney General, the court found an arguable case requiring further scrutiny at the substantive hearing and allowed leave.

p. 2

Legal principles established

#
  • Leave for judicial review is granted where, without going into the matter in depth, the court is satisfied on the material available that there is an arguable case fit for further investigation at a full inter partes hearing

Court orders

#
  1. 1.Leave granted to the ex parte Applicant to apply for an order of mandamus compelling the Land Registrar to reconstruct the register/replace the green cards for parcels KAJIADO/KAPUTIEI-NORTH/58736, 58737 and 58738
  2. 2.The Applicant to file and serve the substantive Judicial Review proceedings within twenty one (21) days from the date of the order
  3. 3.Costs in the cause
Jurisdiction invoked
Order 53 rules 1, 2 and 3 of the Civil Procedure Rules (judicial review leave)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Republic v Attorney General & another Ex-Parte George Mbugua Muriithi [2018] KEELC 2297 (KLR)", Case Analysis (2018). Not stated in judgment (Chamber Summons dated 23rd May, 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2297/eng@2018-07-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.