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ELCDismissedTHIKA ELC MISC E103 OF 2025· [2026] KEELC 4557 (KLR)

Maina v Director Internal AffPU & another (Environment and Land Miscellaneous Application E103 of 2025) [2026] KEELC 4557 (KLR)

Environment and Land Court
15 July 2026
JOJ. M Onyango
878 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Thika refused to lift a police restriction on a Thika property, ruling investigations into alleged fraudulent transfer must finish first.

What this practically means

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Executive summary

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By a Notice of Motion dated 28th October 2025, the Applicant, who describes himself as the absolute and indefeasible proprietor of Thika Municipality Block 5/266, sought orders directing the District Land Registrar Kiambu to remove a restriction registered on 4th July 2023 at the instance of the Internal Affairs Unit, National Police Service, and a declaration that the continued maintenance of the restriction was unlawful, unconstitutional and a violation of his proprietary rights under Article 40 of the Constitution and section 76 of the Land Registration Act. He complained that the restriction was registered without notice or explanation, that no investigation had been brought to his attention, and that it impeded his ability to obtain financing using the title as security. The Respondents, through the Replying Affidavit of Chief Inspector Willian Juma of the DCI, opposed the application, explaining that a complaint by Jane Njoki Mwangi alleged that her late husband Dickson Muiruri Mwangi's title had been fraudulently transferred to the Applicant after his death, and that the restriction was intended to facilitate ongoing investigations into the alleged fraudulent transfer. The court framed a single issue: whether the restriction should be lifted. Setting out section 76(1) of the Land Registration Act, the court accepted that the restriction was supported by lawful cause for the prevention of fraud or improper dealing and held that it could not be lifted before the investigations were completed. The application was dismissed with costs to the Respondents.

Key legal issues

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Whether the restriction registered against title THIKA MUNICIPALITY BLOCK 5/266 should be lifted

Holding

The restriction should remain in place as it was lawfully registered to facilitate investigations into the alleged fraudulent transfer of the suit property.

Reasoning

The court considered the supporting affidavit, the Replying Affidavit of Chief Inspector William Juma and the Applicant's submissions. The Replying Affidavit explained that investigations were ongoing into how the Applicant acquired the title, following a complaint by the widow of the deceased registered owner that the title was fraudulently transferred after the deceased's death. The restriction was thus supported by lawful cause under section 76(1) of the Land Registration Act, and it would be premature to lift it before the investigations concluded.

p. 5

Legal principles established

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  • A restriction registered under section 76(1) of the Land Registration Act to facilitate investigations into suspected fraud or improper dealing is lawful and will not be lifted before the investigations are completed.

Court orders

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  1. 1.the application is dismissed with costs to the Respondents

Authorities

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Legislation

  • Constitution of KenyaArticle 40
  • Land Registration Actsection 76(1), 76(1)(b), 76(2), 76(2A)
Jurisdiction invoked
Article 40 of the Constitution of Kenya and sections 76(1)(b) and (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, "Maina v Director Internal AffPU & another (Environment and Land Miscellaneous Application E103 of 2025) [2026] KEELC 4557 (KLR)", Case Analysis (2026). THIKA ELC MISC E103 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4557/eng@2026-07-15

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