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ELCDismissedJR No. E088 of 2024 (Notice of Motion dated 8/05/2024)· [2024] KEELC 5056 (KLR)

Multi-Equipped Limited v Registrar of Titles Nairobi & another (Environment and Land Judicial Review Case E010 of 2024) [2024] KEELC 5056 (KLR)

High Court of Kenya
2 July 2024
2,481 words in judgment
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The bottom line

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Kenya's High Court confirmed that only courts—not the Registrar or government—can revoke land titles, and dismissed this judicial review because the Gazette Notice merely announced reconstruction of a lost register.

What this practically means

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Executive summary

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Multi-Equipped Limited, with leave granted on 6 May 2024, moved the High Court by a Notice of Motion dated 8 May 2024 under Sections 8 and 9 of the Law Reform Act and Order 53 of the Civil Procedure Rules, seeking certiorari to quash Gazette Notice No. 11201 of 25/08/2023, prohibition against any dealings with parcels IR 204894 and IR 204895, and mandamus compelling the Registrars to reinstate its titles. The Applicant contended that the Registrars had no authority to revoke titles, that the revocation breached natural justice as it was never heard, and that it had held and developed the land for over 13 years. The Respondents were served but neither entered appearance nor filed replies. Mogeni J framed two issues: whether the Registrar or Government has power to revoke title to land, and whether the prerogative orders were available in the circumstances. On the first, the court held, following ex parte Bernard Atati and other authorities, that only courts may revoke, cancel or rectify titles; a unilateral Gazette Notice would usurp judicial power contrary to separation of powers. On the second, however, the court examined the Gazette Notice and found it was merely a notice of reconstruction of a lost or destroyed land register under Section 33(5), not a revocation of the Applicant's titles. The application was therefore misconceived and incompetent. Any genuine grievance requires investigation and viva voce evidence in an ordinary suit, not judicial review. The motion was dismissed with no orders as to costs, the Respondents having not entered appearance.

Key legal issues

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01

Whether the Registrar of Titles or the Government has power to revoke title to land

Holding

No. The Registrar has no authority in law to revoke or cancel titles, whether for public interest or otherwise; only courts may do so. Unilateral executive revocation via Gazette Notice would contravene separation of powers.

Reasoning

The court found unanimity among cited authorities that the Registrar may only rectify titles for fraud or wrongful entries, correct clerical errors or cancel spent entries under the Registered Titles Act. Any authoritative declaration of illegality or unconstitutionality of allocations is the constitutional province of courts, and even resumption of public land would require compensation under Article 40 and a court order.

p. 3
02

Whether certiorari, prohibition and mandamus were available on the facts

Holding

No. On perusal, Gazette Notice No. 11201 was a notice of reconstruction of a lost or destroyed land register under Section 33(5), not a revocation of title, so the application was misconceived and incompetent.

Reasoning

The court examined the Gazette Notice itself and found it merely notified reconstruction of the register after 60 days absent objection. The judicial review remedy is discretionary and concerned with process; the Applicant's allegations, if true, required investigation and viva voce evidence in an appropriately filed suit, not judicial review.

p. 5

Legal principles established

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  • The Registrar of Titles and the Government have no authority in law to revoke or cancel titles to land; only courts may order revocation or rectification of titles
  • An order of certiorari issues where a decision is made without or in excess of jurisdiction or in breach of natural justice; prohibition forbids proceedings in excess of jurisdiction; mandamus compels performance of a statutory public duty
  • Judicial review concerns the fairness of the decision-making process, not the merits of the decision

Court orders

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  1. 1.The Ex Parte Applicant's Notice of Motion dated 8/05/2024 is dismissed
  2. 2.No orders as to costs, since the Respondents did not enter appearance

Authorities

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Legislation

  • Law Reform Act (Cap 26)Sections 8, 9 (incl. s.8(1) and 8(2))
  • Civil Procedure ActSections 1A, 1B, 3A
  • Civil Procedure RulesOrder 53 Rules 1 and 3
  • Constitution of Kenya, 2010Articles 22, 23(1)(f), 40, 47, 48, 159(2)(a), 258, 259
  • Registered Titles ActSections 23, 60, 64 (as quoted in Bernard Atati)
  • Government Lands Act (Cap 280)referred to in Bernard Atati quote
  • Trust Land Act (Cap 288)referred to in Bernard Atati quote
  • Administration of Justice (Miscellaneous Provisions) Act, 1938 (UK)Section 7
  • Land Registration ActSection 33(5) (reconstruction of register)

Cases cited (10)

  • Nairobi Permanent Market Society & 11 Others v Salimia Enterprises & 2 Others
    Civil Appeal No. 185 of 1997
  • Ocean View Plaza Ltd v AG
    [2002] 2 KLR 277
  • Kenya Breweries Ltd vs. Municipal Council of Mombasa
    Misc. Appli. 244 of 2001 [2009] eKLR
  • R v. Kisumu District Lands Officer & Another
    Misc. Appl. No. 80 of 2008 [2010] eKLR
  • Power Technics Ltd v AG & 2 Others
    Nairobi Pet. No. 178 of 2011
  • Republic v Registrar of Titles ex parte Bernard Atati
    Msa HC JR No. 24 of 2011
  • Kenya National Examination Council v Republic Ex-Parte Geoffrey Gathenji Njoroge & 9 Others
    [1997] eKLR
  • Joseph Malakwen Lelei & another v Rift Valley Land Disputes Appeals Committee & 2 others
    [2014] eKLR
  • Republic v National Transport & Safety Authority & 10 others Ex parte James Maina Mugo
    [2015] eKLR
  • George Arab Muli Mwalabu v Senior Resident Magistrate Kangundo & 2 others and Festus Mbai Mbonye (Interested Party)
    [2019] eKLR
Jurisdiction invoked
Sections 8 & 9 of the Law Reform Act, Order 53 of the Civil Procedure Rules; Articles 22, 23(1)(f), 40, 47, 48, 159(2)(a), 258 & 259 of the Constitution, 2010

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, "Multi-Equipped Limited v Registrar of Titles Nairobi & another (Environment and Land Judicial Review Case E010 of 2024) [2024] KEELC 5056 (KLR)", Case Analysis (2024). JR No. E088 of 2024 (Notice of Motion dated 8/05/2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5056/eng@2024-07-02

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