Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedNot stated in the judgment· [2025] KEELC 3352 (KLR)

Republic v Land Registrar Nairobi & another; Medallion Properties Limited (Exparte Applicant) (Environment and Land Judicial Review Case E030 of 2024) [2025] KEELC 3352 (KLR)

Not expressly stated in the judgment (judicial review under Order 53 Civil Procedure Rules)
24 April 2025
2,385 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

#

Kenyan land officials cannot place a caveat on your property without first serving you written notice, or a court will quash it.

What this practically means

#

Executive summary

#
Pursuant to leave granted on 21st November 2024, the ex-parte applicant, through its director Michael Gitonga, moved the court by a substantive notice of motion dated 22nd November 2024 under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 53 Rule 3(1) of the Civil Procedure Rules. It sought certiorari to quash, mandamus to revoke, and prohibition against restrictions registered on eight of its properties (I.R. Nos. 248380, 248382, 248379, 248381, 243961, 248377, 248376 and 106486/1), which the 1st respondent had lodged at the alleged instance of the 2nd respondent on grounds of suspected fraud, plus general and aggravated damages and costs. The applicant argued that the procedure in Sections 76 and 77 of the Land Registration Act and Section 43(a) of the Fair Administrative Actions Act was not followed and that no reasons were given. The respondents filed no response, leaving the motion unopposed, but the court independently examined its merit. Applying Municipal Council of Mombasa v Republic & Umoja Consultants Ltd on the process-focused scope of judicial review, and Kenya National Examinations Council v Republic Ex-parte Geoffrey Gathenji Njoroge on the limits of mandamus, the court found the applicant's evidence sufficient only in respect of I.R. No. 243961: the caveat there was registered without notice, denying the applicant a fair hearing, so the 1st respondent acted without jurisdiction. Certiorari quashed that caveat, prohibition barred further dealings with that property, and costs were awarded to the applicant jointly against the respondents. Relief in respect of the other seven properties and damages was not granted for want of evidence.

Key legal issues

#
01

Whether the ex-parte applicant is entitled to the orders of judicial review

Holding

The applicant proved its case only in respect of I.R. No. 243961: the 1st respondent registered the caveat without notice, acting without jurisdiction, so certiorari and prohibition issued for that property.

Reasoning

Section 76 of the Land Registration Act permits a restriction only after directing inquiries, serving notices and hearing affected persons, and Section 77 requires written notice to the proprietor. No notice was served. The court also found the applicant's wider claims unsubstantiated: only one caveat was registered, and the allegation that the 1st respondent acted on the 2nd respondent's instructions was not supported by evidence.

p. 5
02

Scope of judicial review - process rather than merits

Holding

Judicial review concerns the decision-making process (jurisdiction, hearing, relevant considerations), not the merits of the decision.

Reasoning

Relying on Municipal Council of Mombasa v Republic & Umoja Consultants Ltd, the court confirmed that a reviewing court examines how a decision was made and whether the maker had jurisdiction, heard affected parties and considered relevant matters; it is not a court of appeal over the decider and must not usurp the authority's power.

p. 3
03

Suitability of mandamus and damages as remedies

Holding

Mandamus was unavailable because the complaint was of wrongful performance; only certiorari can quash a decision already made.

Reasoning

Following Kenya National Examinations Council v Republic Ex-parte Geoffrey Gathenji Njoroge, mandamus compels performance of a public duty but cannot quash what has already been done; where a duty has been wrongfully performed, mandamus is the wrong remedy. Certiorari lies where a decision is without jurisdiction or made in breach of natural justice.

p. 5

Legal principles established

#
  • A registrar must give written notice of a restriction to the affected proprietor; registering a restriction without notice violates the right to a fair hearing and renders the decision one made without jurisdiction, amenable to certiorari.

Court orders

#
  1. 1.An order of certiorari issued to remove and quash the decision of the 1st respondent to register a caveat on the property known as I.R. Number 243961, registered on 24th September, 2024
  2. 2.An order of prohibition issued prohibiting the respondents, their agents or servants from any further dealings with respect to the ex-parte applicant's property I.R. Number 243961
  3. 3.Costs of the application awarded to the ex-parte applicant, to be borne by the respondents jointly

Authorities

#

Legislation

  • Civil Procedure ActSections 1A, 1B and 3A
  • Civil Procedure RulesOrder 53 Rule 3(1)
  • Land Registration Act, Cap 300Sections 76(1), 76(2), 76(2A), 76(3), 77(1), 77(2)
  • Fair Administrative Actions ActSection 43(a)

Cases cited (5)

  • Kioa v West
    [1985] HCA 81
  • Daniel Piranto Ole Nchani v Deputy County Commissioner Kajiado & 3 others Ex-parte Daniel Piranto Ole Nchani
    [2019] eKLR
  • Municipal Council of Mombasa v Republic and Umoja Consultants Limited
    Civil Appeal No. 185 of 2001; [2002] eKLR
  • Republic v Attorney General & 3 others Ex-parte Concorde Co-operative Savings Credit & Society Limited
    [2018] eKLR
  • Kenya National Examinations Council v Republic Ex parte Geoffrey Gathenji Njoroge & Others
    Civil Appeal No. 266 of 1996 [1997] eKLR
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and Order 53 Rule 3(1) of the Civil Procedure Rules, by leave granted on 21st November 2024

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Republic v Land Registrar Nairobi & another; Medallion Properties Limited (Exparte Applicant) (Environment and Land Judicial Review Case E030 of 2024) [2025] KEELC 3352 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3352/eng@2025-04-24

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