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ELCStruck OutNotice of Motion dated 11/09/2025 (ELC, Embu)· [2026] KEELC 3554 (KLR)

Kathuri (As the legal representative of the Estate of Njeru Simon Gathuri - Deceased) v Ireri & another (Environment and Land Case 67 of 2014) [2026] KEELC 3554 (KLR)

Environment and Land Court
4 June 2026
ECE.C Cherono
550 words in judgment
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The bottom line

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A Kenyan landowner's application to remove property restrictions was struck out solely because the Land Registrar had not first been served with notice.

What this practically means

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Executive summary

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The Applicant, through a Notice of Motion dated 11/09/2025 supported by the affidavit of his advocate, Morris Guchuru Njagi, sought an order compelling the Land Registrar, Embu, to remove restrictions registered against land parcels Gaturi/Nembure/16095, 16096, 16097, 16098 and 16099. The restrictions were placed by M/S P.N. Mugo & Company Advocates by a letter dated 15/10/2018. The underlying suit had been withdrawn by consent of the parties on 25/03/2025 with no orders as to costs, and counsel's letter to the restricting firm requesting lifting of the restrictions went unanswered. The Respondent did not oppose the application despite being served. The Court considered Section 78 of the Land Registration Act, which allows a proprietor affected by a restriction to apply to court for its removal, provided notice is given to the Registrar. Although satisfied that the dispute giving rise to the restriction had been settled and that the continued restriction might no longer be justified, the Court found no evidence that the Land Registrar, Embu, had been served with the application as required by Section 78(2). It directed the Applicant to serve the Registrar first and struck out the application with no orders as to costs. Judgment was delivered at Embu on 04 June 2026 by Hon. E.C Cherono, ELC Judge.

Key legal issues

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01

Removal of a restriction under Section 78 of the Land Registration Act

Holding

Although the Court was persuaded the underlying dispute had been settled and the restriction may no longer be justified, the application was struck out because the mandatory notice to the Land Registrar under Section 78(2) had not been given

Reasoning

The Court considered the Notice of Motion dated 11/09/2025 seeking removal of restrictions on five parcels registered pursuant to a letter by M/S P.N. Mugo & Company Advocates dated 15/10/2018. The underlying suit had been withdrawn by consent on 25/03/2025 with no orders as to costs. Section 78(2) conditions the court's power to order removal on notice to the Registrar. No evidence showed the Land Registrar, Embu, had been served, so the Court directed service first and struck out the application.

p. 2

Legal principles established

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  • Under Section 78(2) of the Land Registration Act, notice must be given to the Registrar before the Court may order removal of a restriction on title

Court orders

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  1. 1.The Applicant is directed to serve the Land Registrar, Embu, with the application first
  2. 2.The Notice of Motion dated 11/09/2025 is struck out with no orders as to costs

Authorities

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Legislation

  • Land Registration ActSection 78(1)
  • Land Registration ActSection 78(2)
Jurisdiction invoked
Section 78(2) of the Land Registration Act

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, "Kathuri (As the legal representative of the Estate of Njeru Simon Gathuri - Deceased) v Ireri & another (Environment and Land Case 67 of 2014) [2026] KEELC 3554 (KLR)", Case Analysis (2026). Notice of Motion dated 11/09/2025 (ELC, Embu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3554/eng@2026-06-04

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