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ELCAllowedNotice of Motion application dated 8th January 2025 (case number not stated on the judgment)

K-Unity Savings and Credit Co-operative Society Limited v Land Registrar, Kiambu & 3 others (Environment and Land Miscellaneous Case E008 of 2025) [2026] KEELC 5143 (KLR)

Environment and Land Court
28 July 2026
2,506 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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A Kenyan court ordered the Land Registrar to lift an expired land restriction, confirming lenders can go straight to court when registrars ignore removal applications.

What this practically means

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Executive summary

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The Applicant, K-Unity Savings and Credit Co-operative Society Limited (formerly Kiambu Dairy & Pyrethrum Cooperative Union Ltd), held a legal charge dated 13th August 2004 over land parcel Gatamaiyu/Kagwe/T.146 registered in the name of the 3rd Respondent, securing a KES 2,000,000 loan facility. Wishing to exercise its statutory power of sale, the Applicant was obstructed by a restriction registered on 22nd September 2016, to remain in force pending judgment in Limuru Civil Suit No. 36 of 2015 (Limuru Posho Mill Ltd v Gatamaiyo Dairy Farmers' Cooperation). That suit concluded with a decree in favour of the 4th Respondent, but the Land Registrar, Kiambu failed to act on the Applicant's application of 7 October 2024 for removal of the restriction and did not participate in the proceedings despite service. The 4th Respondent opposed, filing a Notice of Preliminary Objection dated 25th February 2026 contending the relief sought was administrative and lay in judicial review. Applying the Mukisa Biscuits doctrine as endorsed by the Supreme Court in IEBC v Cheperenger, the court held the objection was not a pure point of law since it required examination of facts and merits. Relying on section 78 of the Land Registration Act and prior ELC decisions, the court found the restriction had served its purpose - it was to endure only until judgment in the Limuru suit - and that the Registrar had failed to perform his statutory duty. The court allowed the Notice of Motion dated 8th January 2025, ordering the Land Registrar, Kiambu to lift the restriction within 21 days, failing which it stands removed by the order, with costs to the Applicant against the 1st Respondent.

Questions the Court framed

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

  1. 1.Whether the 4th Respondent's Preliminary Objection that the relief sought is administrative and should be pursued by judicial review is merited
  2. 2.Whether the Land Registrar, Kiambu should be compelled to lift the restriction registered against land parcel number Gatamaiyu/Kagwe/T.146

Key legal issues

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01

Whether the application should be struck out because the removal of a restriction is an administrative step triable only by judicial review

Holding

The Preliminary Objection failed because determining whether lifting the restriction is an administrative process requires examination of facts and the merit of the application, and thus is not a pure point of law.

Reasoning

Applying the Mukisa Biscuits test as endorsed by the Supreme Court in IEBC v Cheperenger, a preliminary objection must be a settled, crisp point of law capable of disposing of the suit on undisputed facts. Here, the question whether the process of lifting the restriction is administrative requires examination of the facts and merits, so the objection does not qualify. The court also noted it has discretion under section 78(2) of the Land Registration Act to order removal where the Registrar fails to act under section 78(1).

p. 5
02

Whether the restriction registered against Gatamaiyu/Kagwe/T.146 should be lifted

Holding

Yes. The restriction was to endure only until judgment in Limuru Civil Suit No. 36 of 2015, which was concluded; the Registrar failed to act on the Applicant's application for removal and did not participate in the proceedings.

Reasoning

Under section 76(2) of the Land Registration Act a restriction may endure until the occurrence of a particular event. The restriction here was to remain in force pending judgment in the Limuru suit, which was concluded as evidenced by the decree. The Applicant, as chargee with a legal and proprietary interest, applied to the Registrar for removal on 7 October 2024 without response, and the Registrar failed to participate despite service. The court therefore exercised its discretion under section 78(2) and ordered the restriction lifted.

p. 4

Legal principles established

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  • A preliminary objection must be founded on a pure point of law argued on the assumption that all facts pleaded by the other side are correct; it cannot be raised where facts must be ascertained or judicial discretion exercised.
  • Where the Land Registrar fails to act on an application under section 78(1) of the Land Registration Act, the court may, under section 78(2), order removal of a restriction.

Court orders

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  1. 1.The Land Registrar, Kiambu, is ordered to lift the Restriction placed on land parcel number Gatamaiyu/Kagwe/T.146 within 21 days, failing which it stands removed by the order
  2. 2.The 1st Respondent shall bear the costs of the application

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Section 78(2) of the Land Registration Act - power of the court, on application of a proprietor affected by a restriction, to order its removal or variation

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.

The Land Registrar, Kiambu, is hereby ordered to lift the Restriction placed on the land parcel number Gatamaiyu/Kagwe/T.146 within 21 days hereof failure to which it stands removed by this order
p. 6final orders - lifting of restriction
The 1st Respondent shall bear the Costs this application.
p. 6costs
The green card is indeed an authoritative record of the history of the land and registered encumbrances thereon.
p. 4evidentiary value of the green card
The Applicant therefore rightfully brings this application as a party with legal and or proprietary interest in the suit property.
p. 2locus standi of the chargee

Issues in the judgment

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minor

The Notice of Preliminary Objection is dated 25th February 2026 while the application was filed 8th January 2025; the date '2026' may be a typographical error, but the judgment consistently uses '25th February 2026'.

minor

No case number or neutral citation appears on the judgment identifying the suit.

minor

Duplicated figure in the suit number: 'Limuru Civil Suit No. 36 of 36 of 2015'.

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, "K-Unity Savings and Credit Co-operative Society Limited v Land Registrar, Kiambu & 3 others (Environment and Land Miscellaneous Case E008 of 2025) [2026] KEELC 5143 (KLR)", Case Analysis (2026). Notice of Motion application dated 8th January 2025 (case number not stated on the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5143/eng@2026-07-28

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