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ELCDismissedNot stated in judgment (Judicial Review Notice of Motion dated 4th April 2024)· [2025] KEELC 3683 (KLR)

Republic v District Land Registrar Kajiado & 2 others; Kimani (Exparte Applicant) (Environment and Land Judicial Review Case 1 of 2024) [2025] KEELC 3683 (KLR)

Environment and Land Court
24 April 2025
LKL. Komingoi
1,814 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The court upheld a land registrar's boundary decision because the paperwork never matched the ground, and both neighbours shared the historical shortfall.

What this practically means

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Executive summary

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The Ex-parte Applicant sought judicial review orders of certiorari to quash a boundary determination by the District Land Registrar, Ngong, dated 7th March 2022, and mandamus compelling the Registrar to fix beacons and boundaries of parcels Ngong/Ngong/38136 & 38137 and 38138 according to the mutation forms of 21st September 2006. The parties, who both purchased from Richard Kipaa, disputed encroachment; a site visit by the Registrar using GPS and tape measurements showed both parcels were smaller on the ground than in the documents, and the mutation form had not been drawn to scale. The Registrar ruled that both parties should continue occupying as existing on the ground. The Applicant contended this decision was illegal, irrational and procedurally improper. The 3rd Respondent opposed, attributing the discrepancy to the surveyor's historical mistake and arguing the Applicant should have appealed rather than resort to judicial review. The court, per L. Komingoi J, applied Article 47 of the Constitution and the principle that judicial review examines process rather than merits, and held that the Registrar had duly exercised the statutory mandate under Sections 18 and 19 of the Land Registration Act, considered the evidence, and that the shortfall was a historical error in the parent parcel. Compelling boundary correction would divest the 3rd Respondent of land through no fault of her own. Finding no illegality, irrationality or procedural impropriety, the court dismissed the application with costs to the 3rd Respondent on 24th April 2025.

Key legal issues

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01

Whether the Registrar's boundary determination of 7th March 2022 was illegal, irrational or procedurally improper

Holding

No; the decision was lawful. The Registrar considered the ground measurements and documentation, and found a historical measurement discrepancy predating the parties

Reasoning

Both parties were heard; the Registrar took GPS and tape measurements which showed the mutation form did not match the ground and could not be used to fix the boundary. The original parent parcel itself measured less on the ground than on paper, so the discrepancy was historical. Correcting one parcel would divest the other of land, rendering the orders sought an illegality.

p. 5

Legal principles established

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  • Judicial review concerns the decision-making process, not the merits of the decision
  • Sections 18 and 19 of the Land Registration Act mandate the Land Registrar to determine and fix boundary disputes

Court orders

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  1. 1.The Notice of Motion dated 4th April 2024 is dismissed
  2. 2.Costs of the application awarded to the 3rd Respondent

Authorities

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Legislation

  • Environment and Land Court ActSections 3, 12, 13
  • Law Reform ActSections 8, 9
  • Civil Procedure Rules (Amendment 2020)Order 53 Rules 1(1),(2),(3),(4) and 3(1)
  • Constitution of KenyaArticle 47(1) and (2)
  • Land Registration ActSections 18 and 19

Cases cited (9)

  • Municipal Council of Mombasa vs Republic & Umoja Consultants Ltd
    [2002] eKLR
  • Republic vs Kenya Revenue Authority ex parte Yaya Towers Ltd
    [2008] eKLR
  • Samuel Njoroge & 4 others vs Attorney General & another
    [2017] eKLR
  • Republic vs Land Registrar Kajiado North District & 3 others
    [2018] eKLR
  • Republic vs National Water Conservation & Pipeline Corporation & 11 others
    [2015] eKLR
  • Gerald Wanjohi & another vs The District Forest Office, Koibatek District
    (2011) eKLR
  • Stephen Kiguta Gichinga & 6 others vs Independent Electoral and Boundaries Commission & another
    [2017] eKLR
  • Kenya National Examinations Council vs Republic ex parte Geoffrey Gathenji Njoroge & others
  • John Florence Maritime Services Limited & another v Cabinet Secretary Transport & Infrastructure & 3 others
    [2021] KESC 39 (KLR)
Jurisdiction invoked
Sections 3, 12 and 13 of the Environment and Land Court Act; Sections 8 and 9 of the Law Reform Act; Order 53 Rules 1 and 3 of the Civil Procedure Rules

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 District Land Registrar Kajiado & 2 others; Kimani (Exparte Applicant) (Environment and Land Judicial Review Case 1 of 2024) [2025] KEELC 3683 (KLR)", Case Analysis (2025). Not stated in judgment (Judicial Review Notice of Motion dated 4th April 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3683/eng@2025-04-24

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