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ELCDismissedNotice of motion dated 29/3/2021 (Judicial Review)· [2022] KEELC 378 (KLR)

Republic v District Land Registrar, Kiambu & another Ex parte Sanjay Suresh Chandra Somaia [2022] KEELC 378 (KLR)

Environment and Land Court
10 March 2022
BEB M Eboso
992 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~4 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court refused to compel the Kiambu Land Registrar, ruling that contested land ownership disputes must be fought in a civil suit, not judicial review.

What this practically means

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Executive summary

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The ex-parte applicant, registered proprietor of Escarpment/Kinale Block 1/2764, sought judicial review orders of mandamus compelling the Land Registrar - Kiambu to issue an official search certificate and certified green card, to reinstate the destroyed beacons and ascertain any encroachment on the parcel, and for police to enforce the resulting orders. He purchased the property in 1999 and complained that searches were refused and beacons were not reinstated. The 1st respondent, through the affidavit of Ann W Mararia, explained that the suit property is a second-generation subdivision out of Escarpment/Kinale Block 1/1458, a 28-hectare Government plot irregularly subdivided under the Kinale Forest Scheme following a 1987/1988 presidential allocation directive. A 2002 Ministerial Task Force found that parcels had risen from 1,427 to about 3,500, with reserved public and marshy land irregularly allocated; an embargo was placed on registration and green cards sent to Ardhi House, with only a temporary green card for the suit property prepared on 8/2/2018. The court framed a single question: whether the judicial review orders should issue. It held that because the Registrar lacks the original parcel register and the applicant's title is contested against the background of irregular subdivision, judicial review is not an effectual platform; the dispute belongs in a normal civil suit by plaint, with all relevant parties joined. The court declined the orders, granted liberty to sue civilly, and made no order as to costs.

Key legal issues

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Whether mandamus should issue to compel the Land Registrar to issue a search certificate, green card and reinstate boundaries

Holding

No; the underlying dispute involves contested title arising from irregular subdivision of a Government plot and cannot be resolved in judicial review proceedings

Reasoning

The replying affidavit showed the original green card is not in the Registrar's custody because the parcel derives from Escarpment/Kinale Block 1/1458, a Government plot irregularly subdivided under the Kinale Scheme, prompting an embargo and reconstruction of records. Given the applicant holds a contested title, the court held judicial review is not an effectual platform and directed the applicant to a civil suit joining all relevant parties.

p. 2

Legal principles established

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  • Disputes concerning title and irregularly subdivided land are not suited to judicial review but must be litigated in a normal civil suit

Court orders

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  1. 1.Judicial review orders declined/not granted
  2. 2.Liberty granted to the ex-parte applicant to initiate appropriate civil proceedings
  3. 3.No order as to costs of the suit
Jurisdiction invoked
Judicial review jurisdiction of the Environment and Land Court over the Land Registrar's acts

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 District Land Registrar, Kiambu & another Ex parte Sanjay Suresh Chandra Somaia [2022] KEELC 378 (KLR)", Case Analysis (2022). Notice of motion dated 29/3/2021 (Judicial Review). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/378/eng@2022-03-10

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