Republic v Registrar of Lands Vihiga County; Amahati (Exparte Applicant) (Environment and Land Case Judicial Review Application E001 of 2024) [2025] KEELC 3887 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Land Registrar Vihiga County unlawfully failed to complete the boundary dispute determination process despite receiving a request and prescribed fees
- 2.Whether the applicant is entitled to an order of mandamus compelling the Land Registrar to visit, survey and erect boundary marks on land parcel E/Bunyore/ebusiratsi/438
Key legal issues
#Whether mandamus lies to compel the Land Registrar to perform the statutory duty of fixing boundaries
Mandamus issued because the Registrar, having received the request and fees and issued summons, failed to attend and determine the boundary dispute
The applicant demonstrated through letters dated 18th December 2018 and 25th October 2023 that he requested the Registrar to establish boundary marks, and a receipt showing payment of Kshs 9,000. Boundary Dispute Summons showed a hearing fixed for 17th April 2019, but no evidence showed the determination took place. The court found the Registrar's inaction unlawful and held the applicant entitled to the relief sought.
Whether the court lacks jurisdiction over boundary disputes not first determined by the Land Registrar
The objection failed because the Registrar's determination is a precondition, and the Registrar had failed to determine the dispute despite request and payment
The Respondent argued via grounds of opposition that the court lacks jurisdiction unless the boundary dispute was first determined by the Land Registrar under the Land Registration Act. The court, however, found no dispute that boundary determination power rests with the Land Registrar, found the applicant had invoked that process and paid the fees, and that the Registrar's failure to conclude the process justified mandamus rather than defeating the application.
Legal principles established
#- The power to determine and fix boundaries and resolve boundary disputes rests with the Land Registrar
- A Land Registrar's failure to complete a boundary determination process after receiving a request and prescribed fees is unlawful and attracts mandamus
Court orders
#- 1.An order of Judicial Review by way of Mandamus directed to the Land Registrar Vihiga County to visit and survey and place boundary marks on Land Parcel No. E/Bunyore/ebusiratsi/438
- 2.The Officer Commanding Station (OCS) Kilingili Police Station to provide security during the exercise
- 3.The Respondent to file a report in court within 60 days after visiting, surveying and erecting the boundary marks on land parcel No. E/Bunyore/ebusiratsi/438
- 4.The owners of the other parcels of land involved in the boundary dispute to be given sufficient notice of the Land Registrar's visit
- 5.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Judicial review jurisdiction over statutory bodies; Land Registration Act No. 3 of 2012 (mandamus to compel the Land Registrar to perform statutory duty)
Relief refused
#Report filing within 30 days as sought
The court varied the period sought by the applicant from 30 days to 60 days
Costs
No order as to costs.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
There is no dispute that the power to determine and fix boundaries and resolve boundary disputes rests with the Land Registrar.
From the foregoing, the court finds that the Land Registrar’s failure to complete the process and determine the boundary dispute is unlawful. The court finds that the ex parte applicant is entitled to the relief sought.
An order of Judicial Review by way of Mandamus be issued, directed to the Land Registrar Vihiga County to visit and survey and place boundary marks on Land Parcel No. E/Bunyore/ebusiratsi/438.
The Respondent to file a report in the court within 60 days after visiting, surveying and erecting the boundary marks on land parcel No. E/Bunyore/ebusiratsi/438.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Registrar of Lands Vihiga County; Amahati (Exparte Applicant) (Environment and Land Case Judicial Review Application E001 of 2024) [2025] KEELC 3887 (KLR)", Case Analysis (2025). Judicial Review (ex parte application by Notice of Motion dated 30th September 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3887/eng@2025-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.