Loontubu & another v County Land Registrar Narok & another; Lilau (Sued as the Legal Representative of the Estate of The Late Riro Enole Lilau) (Interested Party) (Constitutional Petition E006 of 2022) [2024] KEELC 5587 (KLR)
The bottom line
#The court dismissed a family's constitutional challenge to a land boundary decision, ruling they should have appealed through the statutory process instead.
What this practically means
#Executive summary
#Key legal issues
#Whether the petitioners' constitutional rights were violated by the Registrar's amendment of the Siapei RIM
No violation established; the dispute concerned a boundary determination properly within the Registrar's mandate under Sections 18 and 19 of the Land Registration Act, and the petitioners' remedy was an appeal under Regulation 40
The court examined the Registrar's statutory role in ascertaining and fixing boundaries, noted the boundary verification exercise was conducted in the presence of the parties, and held that the petitioners, being dissatisfied with the ruling, had an express right of appeal. Resort to a constitutional petition where a statutory procedure exists was found improper, so no constitutional violation was determined.
Whether the petitioners are entitled to the orders sought
Not entitled; petition dismissed
Having found that the proper avenue was an appeal against the Registrar's decision under Regulation 40 of the Land Registration (General) Regulations, 2017, the court held the petitioners could not obtain the declaratory, certiorari, prohibition and mandamus orders sought through a petition. The amended petition dated 19th April 2024 was accordingly dismissed with each party bearing its own costs.
Legal principles established
#- A party dissatisfied with the Registrar's boundary dispute determination must pursue the statutory right of appeal rather than a constitutional petition where an alternative procedure exists
- Under Sections 18 and 19 of the Land Registration Act, the Registrar has power to ascertain and fix boundaries of registered land and resolve boundary disputes
Court orders
#- 1.The amended petition dated 19th April, 2024 is dismissed
- 2.Each party to bear its own costs
- Jurisdiction invoked
- Article 165(2) Constitution of Kenya (Environment and Land Court jurisdiction); petition under Article 22
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Loontubu & another v County Land Registrar Narok & another; Lilau (Sued as the Legal Representative of the Estate of The Late Riro Enole Lilau) (Interested Party) (Constitutional Petition E006 of 2022) [2024] KEELC 5587 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5587/eng@2024-08-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.