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ELCDismissedPetition dated 9th October 2023

Mochache v Land Registrar, Nyamira County & another; Commission on Administrative Justice & 2 others (Interested Parties) (Environment and Land Petition E002 of 2023) [2026] KEELC 3511 (KLR)

Environment and Land Court
10 June 2026
1,505 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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What this practically means

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Executive summary

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The Petitioner, registered proprietor of Lietego Settlement Scheme/405, petitioned the Court over a boundary confirmation exercise conducted on 6th April 2023 between parcels 404 and 405 by the First Respondent, a land registrar. She complained that the notice letter of 8th March 2023 was scanty, that her request for information and rescheduling was ignored, and that the exercise proceeded in her absence. Her advocates requested the registrar's report on 17th April 2023; upon non-response she complained to the Commission on Administrative Justice, which on 21st August 2023 directed the First Respondent to respond. She then sought orders enforcing the Commission's directives, requiring disclosure of the report's contents, and costs on an indemnity basis. The First Respondent deposed that the Petitioner had notice, that the exercise proceeded without her, and that the report was supplied on 5th June 2023 with further correspondence on 15th December 2023. The Commission confirmed compliance. The court framed two issues: whether the Petitioner's right of access to information under Article 35 was violated, and whether the reliefs sought should issue. Relying on the Supreme Court's decision in Kenya Railways Corporation v Okoiti, the court held that the right to litigate crystallizes only upon a denied or unanswered request. The information had been supplied four months before the Petition was filed, and the Petitioner filed no affidavit to counter the respondents' position. Finding no violation, the court dismissed the Petition and ordered each party to bear own costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Petitioner's right of access to information was violated
  2. 2.Whether the reliefs sought should issue

Key legal issues

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Whether the Petitioner's right of access to information under Article 35 was violated

Holding

No violation established; the information was supplied by the First Respondent before the Petition was filed, and the Petitioner filed no affidavit to counter that position

Reasoning

The First Respondent deposed that the report was supplied on 5th June 2023 and further correspondence followed on 15th December 2023. The First Interested Party, the oversight body under the Access to Information Act, confirmed the information was supplied. The Petitioner did not file a supplementary affidavit to controvert this. The court invoked the principle that enforcement of the Article 35 right crystallizes only upon a request that is denied or not provided; here the request had been satisfied.

p. 4

Legal principles established

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  • The right to institute an action in court on access to information only crystallizes once a citizen has requested the information and the request has been denied or not provided

Court orders

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  1. 1.The Petition is dismissed
  2. 2.Each party to bear own costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Article 35 of the Constitution of Kenya, 2010 and the Access to Information Act, 2016

Relief refused

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Order adopting and allowing enforcement of the First Interested Party's directives in its letter dated 21st August 2023, directing the First Respondent to respond to the Petitioner's communication dated 17th April 2023

The information had already been supplied and no violation of the right of access to information was demonstrated

p. 4

Direction that the report indicate the purpose, details, findings, outcomes and recommendations arising from the 6th April 2023 exercise

Information had been supplied four months before the Petition was filed

p. 4

Costs on full indemnity basis

Petition dismissed with each party bearing own costs

p. 4

Costs

Each party to bear own costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In view of the foregoing discourse, I find no merit in the Petition and I therefore dismiss it. Each party to bear own costs.
p. 4Disposition
The right to institute an action in court only crystallizes once a citizen has requested for the information from the State and the request has been denied or not provided.
p. 3Justiciability of the right of access to information

Issues in the judgment

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minor

The Replying Affidavit of the First Respondent is dated 10th April 2026, after the Commission Secretary's affidavit of 27th March 2025, and the judgment is dated 10th June 2026 while the Petition is of October 2023; the chronology as printed contains an apparent date inconsistency

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, "Mochache v Land Registrar, Nyamira County & another; Commission on Administrative Justice & 2 others (Interested Parties) (Environment and Land Petition E002 of 2023) [2026] KEELC 3511 (KLR)", Case Analysis (2026). Petition dated 9th October 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3511/eng@2026-06-10

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