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ELCOtherEnvironment and Land Miscellaneous Application 30 of 2017· [2023] KEELC 21144 (KLR)
Republic & another v Land Registrar, Kajiado North & another; Onsomu & another (Interested Parties)
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·~2 min to read original · ~4 min briefThe bottom line
#Kenya's Environment and Land Court adopted a Land Registrar's report to finally resolve a 52-year-old land dispute, ruling it was not barred from acting.
What this practically means
#Executive summary
#This ruling by the Environment and Land Court at Kajiado (M.N. Gicheru, J) determined the way forward following the Land Registrar, Kajiado North's report dated September 30, 2020, which had been prepared pursuant to the court's order of November 14, 2019 in this long-running judicial review matter concerning land parcel Ngong/Ngong/3524. On February 7, 2023, by consent, parties were directed to file submissions on the way forward. Counsel for the first interested party (Mr Moriasi) submitted that the court had become functus officio after its November 14, 2019 judgment and should down its tools, leaving the parties to commence the dispute afresh from the registrar's decision, with the court thereafter dealing with the matter as an appeal or judicial review. Counsel for the ex parte applicant (Mr Mugu) urged the court to accept the report as its decision, noting the first interested party had not appealed the November 14, 2019 judgment. Counsel for the second interested party filed no submissions. The court, perusing a record dating back to July 8, 1971, held it would not be fair or just to down its tools when the 52-year-old dispute had finally been resolved. The November 14, 2019 order for the report was not made in vain; it issued because a previous exercise was tainted with procedural irregularity. The report was the culmination and endgame of the dispute, backed by the 2019 judgment. The court therefore accepted and adopted the Land Registrar's report dated September 30, 2020 as the way forward. No costs order was made.
Key legal issues
#01
Functus officio
Holding
The court was not functus officio; it could act on the Land Registrar's report obtained under its own order of November 14, 2019
Reasoning
The court held the November 14, 2019 order for the Registrar's report was issued because a previous exercise was tainted with procedural irregularity. The report was the culmination of a 52-year-old dispute and was backed by the 2019 judgment, so adopting it was the fair and just way forward rather than requiring parties to start afresh.
p. 2
Legal principles established
#- A court is not functus officio where it retains a supervisory role over the implementation of its own orders, including adoption of a report obtained pursuant to its order
Court orders
#- 1.The Land Registrar's report dated September 30, 2020 is accepted and adopted by the court as the way forward
- Jurisdiction invoked
- Judicial review jurisdiction of the Environment and Land Court over the Land Registrar's decision concerning land parcel Ngong/Ngong/3524
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic & another v Land Registrar, Kajiado North & another; Onsomu & another (Interested Parties)", Case Analysis (2023). Environment and Land Miscellaneous Application 30 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21144/eng@2023-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.