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ELCPartially AllowedNot stated in the judgment (Judicial Review Notice of Motion dated 16th February 2024)· [2025] KEELC 475 (KLR)

Republic v Registrar of Titles, Nairobi & another; Meron Limited (Exparte Applicant) (Judicial Review Application E001 of 2024) [2025] KEELC 475 (KLR)

Environment and Land Court
5 February 2025
2,796 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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Kenya's Registrar of Titles cannot revoke land titles—only a court can—so Meron Limited's six titles were restored after the illegal revocation was quashed.

What this practically means

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Executive summary

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Meron Limited, the ex parte Applicant, sought judicial review orders of Certiorari and Mandamus to quash and reverse the revocation and cancellation by gazette notices 16350 and 16351 of 1st December 2023 of its leases and certificates of title over six parcels of land on Nairobi/Block 219, and to compel restoration of the register. The 1st Respondent, the Registrar of Titles/Chief Land Registrar, defended the revocation as a lawful exercise of powers under Sections 14(a) and 79(2) of the Land Registration Act following summons to surrender titles, while the 2nd Respondent, the original owner of L.R. No. 28401 from which the parcels were allegedly fraudulently subdivided, contended the Applicant's titles were fraudulently obtained and void. The court framed three issues: whether the Registrar acted ultra vires, whether Certiorari and Mandamus were available, and costs. Applying the principle that judicial review examines the decision-making process, the court noted that Section 79(2) requires ninety days' written notice, whereas only seven days' notice was given, and that under binding Court of Appeal authority the Registrar has no power to revoke a title; only a court may direct cancellation on proof of fraud. The Registrar's action was therefore in excess of jurisdiction. Certiorari issued quashing the gazette revocations, which the court held would restore the register; Mandamus was refused as unnecessary. Costs were awarded to the ex parte Applicant against the 1st Respondent only. Judgment delivered by M.D. Mwangi, J, on 5th February 2025.

Key legal issues

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01

Whether the Chief Land Registrar acted ultra vires by cancelling and revoking the titles

Holding

Yes - the Registrar acted in excess of jurisdiction. Section 79(2) requires a 90-day written notice and the Registrar lacked power to revoke titles; only the court under Section 80(1) can direct cancellation.

Reasoning

The court held judicial review scrutinises process not merits. The Registrar claimed to act under Section 79(2) of the Land Registration Act, but that provision carries a proviso mandating ninety days' written notice before alteration; the Registrar gave only seven days' notice, so was not exercising Section 79(2) powers. Following binding Court of Appeal precedent in Super Nova Properties, the Registrar of Titles has no power to revoke a title; cancellation requires strict proof of fraud and only a court under Section 80(1) may order it. The revocation was therefore without jurisdiction and amenable to Certiorari.

p. 6
02

Whether the reliefs of Certiorari and Mandamus are available to the ex parte Applicant

Holding

Certiorari was available and issued; Mandamus was refused as unnecessary.

Reasoning

Relying on Republic v KNEC ex parte Gathenji, the court held Certiorari issues where a decision is made without jurisdiction or in breach of natural justice. Having found the Registrar's decision without jurisdiction, Certiorari quashing the gazette revocations issued. Quashing the decision effectively restores the register to its prior state, so Mandamus to compel restoration was unnecessary.

p. 6

Legal principles established

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  • The Registrar of Titles has no power to revoke or cancel a title on the basis of fraud or illegality; only a court of law can direct cancellation of a registration under Section 80(1) of the Land Registration Act.
  • Judicial review is concerned with the decision-making process, not the merits of the decision.

Court orders

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  1. 1.An order of Certiorari removing into the court and quashing the decision by the Registrar of Titles Nairobi to revoke and cancel the leases and certificates of titles in respect of parcels of land Nairobi/Block 219/48, Nairobi/Block 219/49, Nairobi/Block 219/50, Nairobi/Block 219/51, Nairobi/Block 219/52 and Nairobi/Block 219/53.
  2. 2.Costs of the proceedings awarded to the ex parte Applicant against the 1st Respondent only.

Authorities

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Legislation

  • Land Registration ActSection 79 (including 79(2))
  • Land Registration ActSection 80(1)
  • Land Registration Act (General) Regulations, 2017referenced generally

Cases cited (9)

  • Judges and Magistrates Vetting Board vs Centre for Human Rights and Democracy
    (2014) eKLR
  • OJSC Power Machines Limited, Trans Century Limited and Civicon Limited (consortium) vs Public Procurement Administrative Board of Kenya and 2 others
    (2017) eKLR
  • Pastoli vs Kabale District Local Government Council and others
    (2008) 2 EA
  • Republic vs Chief Land Registrar & another ex parte Yosabia Kerubo Manyara
    (2018) eKLR
  • Soroya Investments Limited vs Registrar of Titles
  • Super Nova Properties Limited & another vs District Land Registrar Mombasa & 2 others; KACC & 2 others (interested parties)
    (2018) KECA 17 (KLR) (19th April 2018)
  • Kinyanjui Kamau vs George Kamau
    [2015] eKLR
  • Ndolo vs Ndolo
    [2008] KLR (G & F) 742
  • Republic vs KNEC ex parte Gathenji and 9 others
    (1997) eKLR
Jurisdiction invoked
Judicial review jurisdiction of the High Court under Article 47 of the Constitution and the Fair Administrative Action Act / Land Registration Act (not expressly stated in the judgment)

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, "Republic v Registrar of Titles, Nairobi & another; Meron Limited (Exparte Applicant) (Judicial Review Application E001 of 2024) [2025] KEELC 475 (KLR)", Case Analysis (2025). Not stated in the judgment (Judicial Review Notice of Motion dated 16th February 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/475/eng@2025-02-05

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