Republic v Land Registry, Kiambu & 3 others Ex Parte Nelson Kimemia Gacheru [2019] KEELC 1787 (KLR)
The bottom line
#A landowner lost his bid to force the Kiambu Land Registrar to act because he never proved he first asked the Registrar directly and exhausted the required steps.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Environment and Land Court over judicial review applications concerning land
The ELC has jurisdiction to entertain judicial review matters relating to land, including boundary disputes, under Section 13(7) of the Environment and Land Court Act which empowers it to grant prerogative orders.
Article 162(2)(b) and (3) of the Constitution established the ELC, and Parliament defined its jurisdiction in Section 13 of the Environment and Land Court Act, which covers boundary disputes. Section 13(7) permits the court to grant prerogative orders, which include judicial review orders. Since the applicant's prayers relate to land boundaries and a Land Registrar's public duties, the court concluded it has jurisdiction.
Entitlement to orders of mandamus against the Land Registrar
The applicant failed to prove his case to the required standard; the Court found he had not demonstrated that he applied for the search, green card, or boundary determination and was refused.
Though the 1st and 2nd Respondents did not respond, the burden remained on the applicant. The receipts attached did not show the purpose of payment, and there was no evidence he appeared before the Land Registrar on 21st July 2016 as directed. He prematurely came to court without exhausting Section 19 of the Land Registration Act remedies.
Legal principles established
#- Jurisdiction is everything; a court without jurisdiction must down its tools
- The Environment and Land Court has jurisdiction over judicial review matters relating to land, including prerogative orders
- Mandamus compels performance of a public duty imposed by statute
Court orders
#- 1.The Exparte Applicant's Amended Notice of Motion dated 16th February 2017 is dismissed entirely
- 2.The Exparte Applicant to bear costs of the suit in respect of the 3rd & 4th Respondents
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act, No. 19 of 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Land Registry, Kiambu & 3 others Ex Parte Nelson Kimemia Gacheru [2019] KEELC 1787 (KLR)", Case Analysis (2019). Judicial Review Application – Amended Notice of Motion dated 16th February 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1787/eng@2019-09-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.