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ELCAllowedSiakago LDT Case No. 18 of 2011 (related judicial review motion dated 20/1/2025)· [2025] KEELC 5880 (KLR)

Republic v Njiru & 3 others; Mbiti (Ex parte Applicant) (Environment and Land Judicial Review Case E001 of 2025) [2025] KEELC 5880 (KLR)

Environment and Land Court
5 June 2025
1,816 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court ordered the Land Registrar Mbeere South to implement a 2023 boundary ruling after 14 years of delays, confirming mandamus can force officials to act.

What this practically means

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Executive summary

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The ex parte Applicant, registered owner of parcels Mbeti/Gachururi/1261 and 1269, sought an order of mandamus under Order 53 Rule 3(1) of the Civil Procedure Rules, Section 13(7)(b) of the ELC Act and Section 7 of the Fair Administrative Actions Act compelling the Land Registrar Mbeere South (4th Respondent) to implement orders issued on 14/12/2023 by the Principal Magistrate's Court at Siakago in LDT Case No. 18 of 2011, by visiting parcels 1261, 1267, 1268, 1269 and 1275 and marking the correct boundaries on the ground. The Tribunal's award had been adopted as a court order on 27/7/2011, but enforcement had been frustrated for over 14 years, and the 4th Respondent declined to demarcate the boundaries citing purported instructions from the Attorney General. The 1st to 3rd Respondents raised a preliminary objection that only the trial court could execute its own orders under Sections 29(a), 30 and 38 of the Civil Procedure Act, while the 4th Respondent argued prematurity, non-exhaustion of remedies and the discretionary nature of judicial review. The court held the application was not one for execution but for mandamus to compel a public officer to discharge a statutory duty arising from a lawful order. It found alternative remedies exhausted, noted the Attorney General offered no justification for the non-compliance, and held the Registrar under a statutory and administrative duty to implement the orders. Mandamus issued directing the Registrar to visit the parcels and mark the boundaries, with costs of the application awarded to the Applicant against the 4th Respondent.

Key legal issues

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01

Whether the court lacked jurisdiction on the ground that only the trial court can execute its own decrees

Holding

The application is not one for execution but for mandamus to compel performance of a public statutory duty; the execution provisions of the Civil Procedure Act do not bar it.

Reasoning

The court accepted that the court which issued a decree, or one to which it is transferred, has jurisdiction to execute it. However, it held that the relief sought was not execution of the decree in the strict sense but compulsion of a public officer to perform a statutory duty arising from a lawful, valid order, so the supervisory mandamus jurisdiction was properly invoked.

p. 3
02

Whether the Applicant exhausted alternative remedies before seeking judicial review

Holding

Yes; efforts to obtain compliance through the trial court failed and contempt proceedings would serve no useful purpose.

Reasoning

The court noted that the Applicant had pursued the trial court repeatedly since 2011, that the 4th Respondent declined to act citing purported Attorney General instructions, and that the Attorney General offered no credible justification for the non-compliance. Further pursuit of contempt proceedings in the trial court would therefore be futile.

p. 3
03

Whether the 4th Respondent was under a duty to implement the trial court's orders

Holding

Yes, the Land Registrar is under a statutory and administrative duty to implement the orders of the Siakago Principal Magistrate's Court.

Reasoning

Having found the orders of 14/12/2023 lawful and valid, and no credible explanation having been offered for the refusal to act on purported instructions of the Attorney General, the court held the 4th Respondent duty-bound to give effect to them and issued mandamus accordingly.

p. 4

Legal principles established

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  • Mandamus lies to compel a public officer to discharge a statutory duty arising from a lawful court order; such relief is not 'execution' of the decree within the meaning of the Civil Procedure Act.

Court orders

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  1. 1.An order of mandamus issued to compel the 4th Respondent, the Land Registrar Mbeere South, to comply with and implement the orders issued on 14/12/2023 in Siakago LDT Case No. 18 of 2011
  2. 2.The 4th Respondent to visit land parcel numbers Mbeti/Gachururi/1261, 1267, 1268, 1269 and 1275 and mark the correct positions of the boundaries between those parcels of land on the ground
  3. 3.Costs of the application to be borne by the 4th Respondent

Authorities

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Legislation

  • Civil Procedure RulesOrder 53 Rule 3(1)
  • Environment and Land Court ActSection 13(7)(b)
  • Fair Administrative Actions ActSection 7
  • Civil Procedure ActSections 25, 28, 29(a), 30, 34 and 38
  • Judicature ActSection 5(1)
  • Interpretation and General Provisions ActSection 43
  • Constitution of KenyaArticle 159(2)(c)
  • Constitution of KenyaArticle 47(1)
Jurisdiction invoked
Order 53 Rule 3(1) of the Civil Procedure Rules; Section 13(7)(b) of the Environment and Land Court Act; Section 7 of the Fair Administrative Actions Act

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 Njiru & 3 others; Mbiti (Ex parte Applicant) (Environment and Land Judicial Review Case E001 of 2025) [2025] KEELC 5880 (KLR)", Case Analysis (2025). Siakago LDT Case No. 18 of 2011 (related judicial review motion dated 20/1/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5880/eng@2025-06-05

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