Cirtex Kenya Limited & another v Leparakwo & 6 others (Environment and Land Case 152 of 2018 & 691 of 2011 (Consolidated)) [2026] KEELC 2859 (KLR)
The bottom line
#A Kenyan court halted reconstruction of a contested Karen land register, but ruled the Land Registrar's gazette notice itself was lawful.
What this practically means
#Executive summary
#Key legal issues
#Whether the Gazette Notice initiating reconstruction of the lost or destroyed land register offends the doctrines of sub judice and lis pendens
The doctrine of sub judice is inapplicable because the Gazette Notice is an administrative action, not a parallel suit; on lis pendens, the Notice does not strictly amount to a transfer or alienation, but its effect in the context of contested ownership proceedings warrants suspending its implementation
The court traced sub judice to Section 6 of the Civil Procedure Act and the Supreme Court's four-part test, finding the Gazette Notice to be an administrative act rather than a suit. On lis pendens, it accepted the Registrar holds statutory power under Sections 14 and 33(5) of the Land Registration Act, and found nothing illegal, unprocedural or irrational in its issuance. However, because reconstruction in favour of one party during active litigation risks pre-empting the court's adjudication, the court held the Notice's effect in abeyance rather than quashing it.
Whether the Gazette Notice should be set aside and/or quashed on grounds of unlawfulness
The Notice was not shown to be unlawful, irregular or issued in violation of the law so as to justify quashing; the prayer for quashing was refused and only suspension granted
The Applicant contended the Chief Land Registrar exceeded his statutory mandate by purporting to reconstruct the register and declare SHA proprietor while ownership was in dispute. The court acknowledged the Registrar's statutory authority under Sections 14 and 33(5) of the Land Registration Act to reconstruct lost or destroyed registers after due notice, found no demonstration of illegality, procedural irregularity or irrationality, and therefore declined to quash the Notice, opting instead to suspend its implementation pending the hearing and determination of the suit.
Legal principles established
#- Issuance of a Gazette Notice under statutory powers is an administrative action, not the institution or continuation of a parallel suit, and therefore does not attract the doctrine of sub judice
- Reconstruction of a land register in favour of one party while competing claims of ownership are actively under judicial consideration carries a real risk of pre-empting the issues reserved for adjudication and may be suspended pending determination of the suit
Court orders
#- 1.The Gazette Notice No. 16931 of 2025, published in Kenya Gazette Vol. CXXVII – No. 237 dated 21st November 2025 under the Land Registration Act (Cap. 300), regarding the reconstruction of the lost or destroyed land register for L.R. No. 24968/2 by the Chief Land Registrar, shall not be implemented, and no further steps towards the reconstruction of the said register shall be undertaken pending the hearing and determination of the suit
- 2.Costs shall abide the suit
- Jurisdiction invoked
- Sections 13(1), (2), (3) and (5) of the Environment and Land Court Act, 2011; Sections 1A, 1B, 3A and 63E of the Civil Procedure Act; Order 40 Rule 1 and Order 51 Rule 1 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cirtex Kenya Limited & another v Leparakwo & 6 others (Environment and Land Case 152 of 2018 & 691 of 2011 (Consolidated)) [2026] KEELC 2859 (KLR)", Case Analysis (2026). ELC No. 152 of 2018 (consolidated with ELC No. 691 of 2011). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2859/eng@2026-05-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.