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ELCPartially AllowedJudicial Review (ex parte application by Notice of Motion dated 30th September 2024)

Republic v Registrar of Lands Vihiga County; Amahati (Exparte Applicant) (Environment and Land Case Judicial Review Application E001 of 2024) [2025] KEELC 3887 (KLR)

Environment and Land Court
15 May 2025
1,030 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The ex parte applicant, claiming to be the absolute proprietor of land parcel E/Bunyore/ebusiratsi/438 measuring 1.4 acres, sought judicial review orders of mandamus compelling the Land Registrar Vihiga County to visit, survey and erect boundary marks on the parcel, directing the OCS Kilingili Police Station to provide security, and requiring a report to court within 30 days, plus costs. The applicant alleged that neighbours destroyed the boundary marks in 2017 and encroached on the land, and that despite his written requests and payment of Kshs 9,000, and the issuance of Boundary Dispute Summons fixing determination for 17th April 2019, the Registrar never attended or determined the dispute. The Respondent opposed through grounds of opposition, contending the applicant had not followed the standard procedure, had not proven payment of prescribed fees, and that the court lacked jurisdiction over boundary disputes not first determined by the Land Registrar under the Land Registration Act. The applicant relied on written submissions invoking section 20(2) of the Land Registration Act and Regulations 40 and 41 of the Land Registration (General) Regulations 2017, and cited Republic v Director of Survey and others, Nakuru EL Judicial Review No. 9 of 2015. The Respondent filed no submissions. The court held that boundary determination power rests with the Land Registrar; the applicant had requested and paid for the process; no evidence showed the determination occurred; and the Registrar's failure was unlawful. The court allowed the application, issuing mandamus, ordering police security, a report within 60 days (rather than 30), sufficient notice to neighbouring owners, and made no order as to costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Land Registrar Vihiga County unlawfully failed to complete the boundary dispute determination process despite receiving a request and prescribed fees
  2. 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

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01

Whether mandamus lies to compel the Land Registrar to perform the statutory duty of fixing boundaries

Holding

Mandamus issued because the Registrar, having received the request and fees and issued summons, failed to attend and determine the boundary dispute

Reasoning

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.

p. 3
02

Whether the court lacks jurisdiction over boundary disputes not first determined by the Land Registrar

Holding

The objection failed because the Registrar's determination is a precondition, and the Registrar had failed to determine the dispute despite request and payment

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 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. 2.The Officer Commanding Station (OCS) Kilingili Police Station to provide security during the exercise
  3. 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. 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. 5.No order as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

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

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Report filing within 30 days as sought

The court varied the period sought by the applicant from 30 days to 60 days

p. 3

Costs

No order as to costs.

Quotable passages

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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.
p. 3Statutory mandate of the Land Registrar over boundary disputes
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.
p. 3Unlawful inaction by the Registrar and entitlement to mandamus
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.
p. 3Final orders - disposition
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.
p. 3Final orders - report obligation

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 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.