Shah & another v District Land Registrar, Nairobi & 2 others (Environment and Land Petition E026 of 2025) [2026] KEELC 584 (KLR)

The court distinguished Sections 79 and 80 LRA: Section 79 permits only administrative corrections of formal or non-material errors, with mandatory safeguards including 90-day notice and a hearing. Section 80 vests power to cancel or amend title in the court upon proof of fraud or mistake. The Gazette Notice purported to revoke mother titles entirely, extinguishing proprietary interests, which falls outside the Registrar's limited powers. No notice, inquiry or hearing preceded it, so the action was ultra vires and assumed a judicial function without jurisdiction.

The revocation was administrative action directly affecting the Petitioners' rights, triggering Article 47 and the Fair Administrative Action Act. No notice, allegations or opportunity to be heard were given. Article 50(1) requires justiciable disputes over title validity to be decided in a fair hearing, not unilateral administrative fiat. Under Article 40, the State alleging unlawful acquisition bears the burden of establishing it through lawful process; no court had declared the titles unlawful, so the Petitioners were entitled to constitutional protection.

Certiorari lies to quash decisions made without jurisdiction or in breach of natural justice. The declaration confirmed the titles remain valid absent a Section 80 court order. Mandamus and prohibition were justified given the real risk of continued interference founded on the Gazette Notice. Damages were declined because the prejudice was uncertainty rather than proven pecuniary loss, and the declaratory and restorative orders sufficed.