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ELCAllowedJudicial Review Notice of Motion dated 16th November 2018· [2019] KEELC 3765 (KLR)

Republic v Chief Land Registrar; Ex-parte Ranan Investments Ltd [2019] KEELC 3765 (KLR)

Environment and Land Court
4 April 2019
1,747 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court-style land court ordered the Chief Land Registrar to register a lease extension because he refused without giving any reasons.

What this practically means

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Executive summary

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Ranan Investments Ltd, having obtained leave, filed a Notice of Motion under Order 53 Rule 3 of the Civil Procedure Rules seeking an order of mandamus compelling the Chief Land Registrar to register the extension of the lease and conveyance in respect of L.R 7173/32 Ol Joro-Orok in its favour, plus costs. The applicant had purchased the suit land from the administrators of the estate of the registered owners, who before the sale had applied for and paid for an extension of the lease and obtained the Commissioner of Land's letter of extension. Despite several reminders, the Registrar failed or refused to endorse the extension and conveyance and gave no reasons. The application was served but unopposed and was therefore deemed uncontroverted. The court applied the established principles on mandamus from the Kenya National Examinations Council and Mureithi cases: mandamus compels performance of a public duty imposed by statute where the duty-bearer fails or refuses to perform it. Relying on Section 107 of the Land Registration Act and Section 13 of the Land Act on pre-emptive rights of lease renewal, and on the Supreme Court's articulation of legitimate expectation in the Communications Commission case and the grounds for interfering with discretion in the Stephen Karanja Kungu case, the court held the Registrar was duty bound to register the extension following the National Land Commission's letter of 16th August 1994 and the subsequent payments. The Registrar's failure to give reasons amounted to procedural impropriety and a breach of fair administrative action under Article 47(1) and (2) of the Constitution. M.C. Oundo J granted the mandamus and ordered the Respondent to bear the costs, delivering the judgment at Nyahururu on 4th April 2019.

Key legal issues

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01

Duty of the Chief Land Registrar to register the extension of the lease

Holding

The Registrar was duty bound to register the extension of the lease and conveyance following the National Land Commission's letter of 16th August 1994 and the payments made thereafter.

Reasoning

The applicant purchased the suit land from administrators of the estate of the registered owners, who had applied for and paid for the extension of the lease before sale. Section 107 of the Land Registration Act imposed a duty on the Registrar to register interests acquired before the repeal of the Registration of Titles Act. The Registrar gave no reasons for failing to register, and the application was unopposed, so the averments stood uncontroverted.

p. 3
02

Fair administrative action and reasons for refusal

Holding

The Registrar's failure to state reasons for the refusal to register amounted to procedural impropriety and violated Article 47(1) and (2) of the Constitution.

Reasoning

The Registrar neither registered the extension nor gave reasons despite several reminders. The court held that a public authority's failure to give reasons for its action or inaction is procedurally improper and an affront to fair administrative action, justifying judicial intervention even where discretion exists, per the Republic v Chief Land Registrar, Ex-parte Stephen Karanja Kungu criteria.

p. 3

Legal principles established

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  • Mandamus compels performance of a public duty imposed by statute where the person or body on whom the duty is imposed fails or refuses to perform it.
  • Failure by a public body to give reasons for its action or inaction amounts to procedural impropriety and a breach of fair administrative action under Article 47.

Court orders

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  1. 1.An order of mandamus compelling the Respondent to register the extension of the lease and conveyance in respect of L.R 7173/32 Ol Joro-Orok in favour of the Registered owners

Authorities

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Legislation

  • Civil Procedure RulesOrder 53 Rule 3(1)
  • Land Registration ActSection 107
  • Land ActSection 13(1) and (1A)
  • Constitution of KenyaArticle 47(1) and (2)

Cases cited (4)

  • Kenya National Examinations Council vs. Republic Ex parte Geoffrey Gathenji Njoroge & Others
    [1997] eKLR
  • Mureithi & 2 Others vs. Attorney General & 4 Others
    [2006] 1 KLR (E&L) 707
  • Communications Commission of Kenya & 5 Others Vs Royal Media Services Limited & 5 Others
    [2014] eKLR
  • Republic vs Chief Land Registrar, Ex-parte Stephen Karanja Kungu
    [2014] eKLR
Jurisdiction invoked
Order 53 Rule 3(1) of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Chief Land Registrar; Ex-parte Ranan Investments Ltd [2019] KEELC 3765 (KLR)", Case Analysis (2019). Judicial Review Notice of Motion dated 16th November 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3765/eng@2019-04-04

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