Presbyterian Church of East Africa (Uthiru Church) v County Lands Registrar, Kiambu County (Judicial Review Miscellaneous Application E006 of 2025) [2025] KEELC 8574 (KLR)
The bottom line
#The High Court ordered the Kiambu Land Registrar to finally register PCEA Uthiru Church as owner of disputed land and issue its title deed, three years after the Court of Appeal's ruling.
What this practically means
#Executive summary
#Key legal issues
#Scope of mandamus in judicial review
Mandamus lies to compel performance of a statutory public duty where the duty-bearer has failed or refused to perform it to the detriment of a party with a legal right to its performance
The court adopted the Court of Appeal's parameters in Republic v Kenya National Examinations Council Ex parte Gathenji, that mandamus is of extensive remedial nature, commands no more than the party is legally bound to perform, and compels performance of statutory public duties. It cannot quash decisions already made; only certiorari can. The Registrar's statutory duty to register and rectify the register fitted these parameters.
Land Registrar's duty of fair administrative action
A Land Registrar's actions are subject to Article 47 and the Fair Administrative Action Act, requiring lawfulness, procedural fairness, written reasons, reasonableness, expeditious service, accountability and subjection to judicial review
The court catalogued specific implications of Article 47 for a Land Registrar, including acting within jurisdiction, giving notice and hearing before adverse decisions, providing written reasons, rationality, prompt service, transparency and accountability to judicial review. The Registrar's unexplained failure to implement a binding Court of Appeal decree for over three years breached these principles, entitling the Applicant to mandamus.
Enforcement of the Court of Appeal decree by mandamus
The Applicant was entitled to an order of mandamus compelling the Registrar to register it as proprietor of Dagoretti/Uthiru/T.382 and to rectify the register and issue a title deed
The Court of Appeal on 4/02/2022 set aside the trial judgment, dismissed the plaintiffs' suit, allowed the counterclaim and cross-appeal, entitling the Applicant to registration as proprietor. The Registrar failed, neglected or refused to implement the decree despite service and a Notice of Intention to sue. The application was unopposed, and the court found a legitimate expectation that the Applicant enjoy the fruits of the judgment.
Legal principles established
#- Mandamus compels performance of a public duty imposed by statute where the person or body on whom the duty is imposed fails or refuses to perform it to the detriment of a party with a legal right to expect performance
- Article 47 of the Constitution, reinforced by the Fair Administrative Action Act, obligates public officers including Land Registrars to ensure their administrative actions are expeditious, efficient, lawful, reasonable and procedurally fair
Court orders
#- 1.An order of mandamus compelling the County Land Registrar, Kiambu County to comply with and give effect to the Judgment and Decree of the Court of Appeal by registering the Ex Parte Applicant as the lawful and rightful owner of Land Reference Dagoretti/Uthiru/T.382
- 2.An order of mandamus compelling the County Land Registrar, Kiambu County to rectify the land register in respect of Land Reference Dagoretti/Uthiru/T.382 and issue a title deed to the Ex Parte Applicant
- 3.Costs awarded to the Ex Parte Applicant
- On appeal from
- null
- null
- Jurisdiction invoked
- Section 8(2) & 9 of the Law Reform Act Cap 26, Section 3, 4, 7 & 9 of the Fair Administrative Action Act, 2015, Order 53 Rule 3 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Presbyterian Church of East Africa (Uthiru Church) v County Lands Registrar, Kiambu County (Judicial Review Miscellaneous Application E006 of 2025) [2025] KEELC 8574 (KLR)", Case Analysis (2025). Judicial Review Application (Notice of Motion dated 14/05/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8574/eng@2025-12-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.