Republic v Land Registrar Nairobi & another; Medallion Properties Limited (Exparte Applicant) (Environment and Land Judicial Review Case E030 of 2024) [2025] KEELC 3352 (KLR)
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
#Key legal issues
#Whether the ex-parte applicant is entitled to the orders of judicial review
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.
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.
Scope of judicial review - process rather than merits
Judicial review concerns the decision-making process (jurisdiction, hearing, relevant considerations), not the merits of the decision.
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.
Suitability of mandamus and damages as remedies
Mandamus was unavailable because the complaint was of wrongful performance; only certiorari can quash a decision already made.
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.
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.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.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.Costs of the application awarded to the ex-parte applicant, to be borne by the respondents jointly
- 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.