Republic v Land Registrar, Tigania East & 2 others; Amburuka (Ex parte Applicant) (Judicial Review Application E006 of 2026) [2026] KEELC 2898 (KLR)
The bottom line
#A Meru court struck out a landowner's bid to force the Land Registrar to fix a road of access, because the wrong court procedure was used and the statutory process was skipped.
What this practically means
#Executive summary
#Key legal issues
#Proper procedure for applying for leave to institute judicial review
The application was misconceived and vitiated: leave must be sought by chamber summons and the substantive motion by the Republic only after leave; invoking the Republic before leave is granted places the cart before the horse.
Order 53 Rule 1 prescribes an ex parte chamber summons for leave, accompanied by statements and verifying affidavits. The applicant used a notice of motion and titled it in the name of the Republic before leave was granted. Following Welamondi and Matemu, the court held that such fundamental procedural breaches go to the root of the application and cannot be cured by amendment, relying on the Deposit Protection Fund dictum.
Exhaustion of statutory remedies under Sections 18 and 19 of the Land Registration Act
The court lacked jurisdiction because the applicant did not demonstrate that the Land Registrar had been approached to perform the statutory mandate of fixing the road of access.
Demarcation of boundaries and roads of access falls within the Land Registrar's statutory mandate. The applicant produced a certificate of title and one letter but annexed no correspondence showing the Registrar was formally requested to act and refused. Absent such proof, invoking the court's jurisdiction was premature, and the doctrine of exhaustion divested the court of jurisdiction.
Legal principles established
#- An application for leave to apply for judicial review must be made ex parte by chamber summons, not by notice of motion; the substantive notice of motion may only be filed once leave is granted.
- The name of the Republic may be invoked as applicant in judicial review only after leave has been granted; it is the citizen/subject who applies for leave.
- Where a statutory dispute-resolution mechanism exists, it must be exhausted before the court's jurisdiction is invoked; the Land Registrar has the statutory mandate to determine boundaries and roads of access under Sections 18 and 19 of the Land Registration Act.
Court orders
#- 1.The amended Notice of Motion Application dated the 30.03.2026 be and is hereby struck out
- 2.No orders as to costs
- Jurisdiction invoked
- Order 53 Rules 1 and 2 of the Civil Procedure Rules, 2010 (leave for judicial review)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Land Registrar, Tigania East & 2 others; Amburuka (Ex parte Applicant) (Judicial Review Application E006 of 2026) [2026] KEELC 2898 (KLR)", Case Analysis (2026). Judicial Review (amended Notice of Motion dated 30.03.2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2898/eng@2026-05-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.