Republic v Land Registrar, Kisumu & 2 others; Bonyo (Ex parte Applicant); Akech (Interested Party) (Environment and Land Case Judicial Review Application E007 of 2022) [2024] KEELC 1298 (KLR)
The bottom line
#A Kenyan court quashed a Land Registrar's cancellation of a land title because the owner was never given notice, a hearing, or written reasons.
What this practically means
#Executive summary
#Key legal issues
#Whether the Land Registrar's cancellation of the Applicant's title without notice or hearing was lawful
The cancellation was unreasonable, arbitrary, procedurally flawed and ultra vires the Registrar's powers; Certiorari and Prohibition were granted
The Registrar may rectify the register only in formal matters, with consent of all affected parties, on resurvey, or where registration was obtained by fraud. Fraud-based rectification requires investigation and a hearing of the affected proprietor. The Applicant was registered on 8th February 2021 and his registration and title were cancelled on 30th June 2021 without any hearing or written reasons, violating Article 47 of the Constitution and section 4(1) of the Fair Administrative Action Act. The expunged entries were accordingly quashed and the Registrar prohibited from cancelling the title.
Legal principles established
#- A decision affecting the legal rights of an individual arrived at by a procedure offending natural justice is outside the jurisdiction of the decision-making authority
- Judicial review is concerned with the decision-making process, not the merits of the decision
- Before rectifying a register on account of fraud, the Registrar must investigate and give the registered proprietor a hearing
Court orders
#- 1.An order of Certiorari to remove to the court and quash the decision of the 1st Respondent to expunge from the register the registration of the Applicant as the owner of the suit property and the issuance of a title deed to him
- 2.An order of Prohibition prohibiting the 1st Respondent from cancelling or revoking the title deed for the suit property issued to the Applicant
- 3.The Applicant to have the costs of the application paid by the 1st and 2nd Respondents
- Jurisdiction invoked
- Fair Administrative Action Act 2015, sections 4 and 7; leave granted on 17th November 2022 for judicial review
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Land Registrar, Kisumu & 2 others; Bonyo (Ex parte Applicant); Akech (Interested Party) (Environment and Land Case Judicial Review Application E007 of 2022) [2024] KEELC 1298 (KLR)", Case Analysis (2024). Judicial Review application by Notice of Motion dated 5th December 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1298/eng@2024-03-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.