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ELCAllowedMiscellaneous Application dated 16th October, 2023 (re: Land Parcel Dagoretti/Riruta/4957)· [2026] KEELC 223 (KLR)

Gatumu v Registrar of Lands Nairobi (Miscellaneous Application E097 of 2023) [2026] KEELC 223 (KLR)

Environment and Land Court
22 January 2026
1,512 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court allowed a landowner to get a new title without producing the original deed, because justice demanded it.

What this practically means

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Executive summary

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The applicant, Simon Kirui Gathuna, filed a miscellaneous application dated 16th October 2023 seeking orders directing the Land Registrar, Nairobi, to dispense with production of the original title deed for parcel Dagoretti/Riruta/4957 so that a new title could issue under the converted parcel number Nairobi Block 66/4957, and that the old title be nullified. He relied on a judgment in Milimani ELC Case No. 442 of 2009 consolidated with ELC Case No. 465 of 2005, by which he became registered owner of the suit property, and explained his delay by financial challenges. The respondent objected that the application was premature because the earlier orders were self-executing. The court framed two issues: whether the applicant was entitled to the orders sought and who should bear costs. Relying on Section 31 of the Land Registration Act and authorities including John Chege Mbatia v Harbir Singh Rooprai, Re Estate of Phillip Kiogo Tunga, Charles Ntiritu M’Ikunyua and Kenya Commercial Bank Ltd v Alcon Holdings, the court observed that the Registrar may dispense with production of a title and that ordinarily a party should first apply to the Registrar, with court intervention under Section 86(1) only upon refusal. Noting the absence of such an application but considering the applicant's lack of awareness and the frustration of his transfer, the court held the application merited in the interest of justice. It ordered dispensation with production of the original title, nullification of the old title upon issuance of the new one, and awarded costs to the applicant.

Key legal issues

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01

Whether the court can order dispensation with production of the original title deed for registration of a new title

Holding

The court found the application merited and ordered dispensation with production of the original title, invoking its discretion in the interest of justice notwithstanding that no prior request had been made to the Registrar.

Reasoning

The court traced Section 31 of the Land Registration Act which permits the Registrar to dispense with production of a certificate of title. It noted the applicant's title process had been frustrated by the previous owner, and relied on authorities showing that where a transfer is subject to a court order, a further order on dispensation is unnecessary. Considering the applicant's lack of awareness of the Registrar's power and the Registrar's failure to advise him, the court held it just to consider his plight and grant dispensation.

p. 4
02

The procedure for seeking dispensation with production of a title deed

Holding

The correct primary avenue is a written request to the Land Registrar, with recourse to court only upon refusal, per the cited authorities.

Reasoning

Relying on the Charles Ntiritu and KCB v Alcon Holdings decisions, the court observed that a party should first request the Land Registrar in writing to dispense with production of the original title; only if the Registrar refuses may the party move to court, which can intervene under Section 86(1) of the Act. The court noted there was no evidence that such an application had been made to the Registrar or refused.

p. 3

Legal principles established

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  • The Land Registrar has statutory power under Section 31 of the Land Registration Act to dispense with production of a certificate of title, and the court may direct such dispensation in appropriate circumstances in the interest of justice.

Court orders

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  1. 1.That the Land Registrar, Nairobi dispenses with the requirement as to the production of the original certificate of title for LR No Dagoretti/Riruta/4957 while effecting the registration of the said title in the applicant's name bearing the new parcel Nairobi/Block 66/4957
  2. 2.That upon issuance of the new title, the old title for LR No Dagoretti/Riruta/4957 be nullified
  3. 3.Costs of the application are awarded to the applicant
Jurisdiction invoked
Land Registration Act, No. 3 of 2012, Sections 31 and 86(1)

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, "Gatumu v Registrar of Lands Nairobi (Miscellaneous Application E097 of 2023) [2026] KEELC 223 (KLR)", Case Analysis (2026). Miscellaneous Application dated 16th October, 2023 (re: Land Parcel Dagoretti/Riruta/4957). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/223/eng@2026-01-22

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