Gori Investment Limited v Land Registrar, Kakamega District & 2 others (Environment & Land Petition E002 of 2022) [2024] KEELC 262 (KLR)
The bottom line
#A Kenyan landowner won on procedure — the Land Registrar must notify you of objections — but courts won't protect your property rights until ownership is settled in a civil suit.
What this practically means
#Executive summary
#Key legal issues
#Whether the right to protection of property under Article 40 was violated
Not violated; the petitioner did not establish ownership of the suit property given the unresolved ownership dispute with the third respondent.
Both petitioner and third respondent wave title documents over the same parcel, with the registry stating the petitioner's title is not genuine. Article 40 protection extends only to property lawfully and truly belonging to the claimant; where ownership is disputed, that dispute must first be resolved in an ordinary civil suit, which the petition cannot substitute for.
Whether the right of access to information under Article 35 was violated
Not violated; the petitioner made no specific written application for information as required by Section 8 of the Access to Information Act.
The letter of 16th November 2018 was written by the Director of Land Administration, not the petitioner, and the Gazette Notice was issued by the first respondent; neither constitutes an application for information. Absent a written request with sufficient particulars, no violation of the right of access to information was demonstrated.
Whether the right to fair administrative action under Article 47 was violated
Violated by the first respondent, who failed to formally notify the petitioner of the third respondent's oral objection and of the decision not to reconstruct the register.
Following the petitioner's application, Gazette Notice No 11836 was published. The third respondent lodged an oral objection, but the first respondent neither notified the petitioner of the objection nor of the decision not to proceed with reconstruction, and did not revoke the gazette notice. Only verbal notification was given. This fell short of expeditious, lawful, reasonable and procedurally fair administrative action.
Whether an undated affidavit is fatally defective
Not fatal where the deponent was cross-examined on the affidavit's contents in open court.
Section 5 of the Oaths and Statutory Declarations Act requires the jurat to state the place and date of attestation. However, because the petitioner applied for and conducted cross-examination of the deponent George O. Nyangweso, it acknowledged and interrogated the affidavit's contents, so nothing significant turns on the omission.
Legal principles established
#- Constitutional protection of property under Article 40 is available only in respect of property truly belonging to the claimant; an underlying ownership dispute must first be resolved.
- Ownership disputes must be litigated in an ordinary civil suit, not through a bill-of-rights petition.
- An applicant for information must make a specific written application with sufficient particulars under Section 8 of the Access to Information Act.
- A party who applied for reconstruction of a lost register is entitled to formal notification of any objection and of the decision not to proceed; failure amounts to a violation of fair administrative action.
Court orders
#- 1.A declaration that the petitioner's right to Fair Administrative Action was violated by the first respondent
- 2.No order as to costs
- Jurisdiction invoked
- Constitution of Kenya, 2010 - Articles 35, 40 and 47 (bill of rights petition)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gori Investment Limited v Land Registrar, Kakamega District & 2 others (Environment & Land Petition E002 of 2022) [2024] KEELC 262 (KLR)", Case Analysis (2024). Petition dated 22nd February 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/262/eng@2024-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.