IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION ELC NO. 75 OF 2014 BETWEEN IN THE MATTER OF THE CONSTITUTION ARTICLE 40(2)(a)(b) AND IN THE MATTER OF SECTION 73(1) AND SECTION 75 OF THE LAND REGISTRATION ACT 2012. AND IN THE MATTER OF MWITHIGA KIMANI RULING The petition before the court does not lie and it is one for striking out as it seeks the removal of a caution lodged on DAGORETTI/KINOO/4259 belonging to the petitioner by one Margaret Nyambura Ngigi who is deceased. The procedure for removal of a caution is originated by writing to the Land Registrar to remove it. This does not raise any constitutional issue. The law has provided for such a process and accordingly this petition is an abuse of the court process. DATED and DELIVERED at NAIROBI this 18th February 2014 D.S. MAJANJA JUDGE
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