Sedani & another v County Land Registrar, Kisumu & another (Constitutional Petition 4 of 2022) [2023] KEELC 111 (KLR)
The bottom line
#Kenya's land registrar cannot restrict your title without notifying you first, and a court has ordered removal of a restriction placed secretly.
What this practically means
#Executive summary
#Key legal issues
#Whether registration of a restriction without notice to the proprietors violated Article 47
Yes - the restriction was entered without notice and without a hearing, breaching fair administrative action and constituting procedural impropriety.
The court found that on March 28, 2017 the 1st respondent registered the restriction on the complaint of the 2nd respondent without informing the petitioners beforehand. Section 77(1) of the Land Registration Act requires written notice of a restriction to the proprietor affected. Registration without notice and hearing breached the right to be heard under Article 47, which constitutionalises fair administrative action, echoed in sections 4 and 6 of the Fair Administrative Action Act, 2015. The entry was shrouded with procedural impropriety contrary to Articles 10 and 47.
Whether the 1st respondent was under a duty to remove the restriction after the 2nd respondent failed to show cause
Yes - having issued a show-cause letter which went unanswered, the 1st respondent was obliged to remove the restriction.
The County Land Registrar wrote to the 2nd respondent to show cause why the restriction should not be removed but there was no reply. Section 78 of the Land Registration Act empowers the Registrar to order removal of a restriction. The court held it was upon the 1st respondent to remove the restriction once the 2nd respondent defaulted, and the Registrar had the power to do so upon the petitioners' request.
Whether the restriction breached property rights under Article 40(2)
No - the restriction was merely investigative and did not amount to deprivation of property.
While the petitioners alleged deprivation without due process contrary to Article 40(2), the court distinguished the entry of a restriction (prohibiting dealings) from a takeover of property. Because the restriction was investigative in nature rather than a transfer or deprivation, the property rights claim failed; only the procedural unfairness claim succeeded.
Legal principles established
#- Registration of a restriction without prior notice to the proprietor breaches the right to fair administrative action under Article 47 of the Constitution
- Article 47 constitutionalises the right to written reasons for administrative action, as set out in sections 4 and 6 of the Fair Administrative Action Act, 2015
- A restriction that is merely investigative does not, per se, amount to deprivation of property under Article 40(2)
Court orders
#- 1.A declaration that the actions of the respondents in placing a restriction on the petitioners' property without due process of law are illegal, unconstitutional and in breach of the fundamental rights and freedoms of the petitioners
- 2.A mandatory injunction compelling the 1st respondent to remove the restriction registered on March 28, 2017 against title to LR No. Kisumu Municipality/Block 12/306
- 3.Costs of the petition to the petitioners
- Jurisdiction invoked
- Article 47 of the Constitution of Kenya, 2010 (petition for violation of rights in relation to registration of a restriction over land)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Njoroge v Land Registrar, Naivasha & 2 others (Environment and Land Miscellaneous Case E021 of 2025) (Environment and Land) [2026] KEELC 1258 (KLR)[2026] KEELC 1258 (KLR)5 Mar 2026
- Brothers of Our Lady Mother of Mercy Registered Trustees v Land Registrar, Nakuru Land Registry (Environment and Land Miscellaneous Application E001 of 2025) [2025] KEELC 4590 (KLR)[2025] KEELC 4590 (KLR)19 Jun 2025
Cite this brief
#Cite this brief
Caselaw, "Sedani & another v County Land Registrar, Kisumu & another (Constitutional Petition 4 of 2022) [2023] KEELC 111 (KLR)", Case Analysis (2023). Constitutional Petition No 4 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/111/eng@2023-01-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.