Children of God Relief Institute Ltd v Chief Land Registrar & 2 others

IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO. 358 OF 2013 BETWEEN CHILDREN OF GOD RELIEF INSTITUTE LTD…..PETITIONER AND CHIEF LAND REGISTRAR………….……...….. 1ST RESPONDENT NATIONAL LAND COMMISSION…..…………2ND RESPONDENT HON. ATTORNEY GENERAL……….…………3RD RESPONDENT RULING 1. I am satisfied that the subject of this suit being Gazette Notice No. 13104 which revoked title LR No. 17864/22 belonging to the petitioner was dealt with in Nairobi Petition No. 178 of 2011 as consolidated with other cases (Power Technics Ltd v Attorney General and others [2012]eKLR). In that case the court declared Gazette Notice No. 13104, which is the subject of this suit, null and void and directed the Registrar of Titles to Gazette the said declaration and cancellation of the titles contained therein. 2. The Registrar duly complied by publishing the “Cancellation of Revocation of Land Titles” which included Gazette Notice No. 13104. In that case, the Court made orders, inter alia that the Registrar cancel, delete and or remove all entries giving effect or made pursuant to Gazette Notice Nos. 13104 and all titles listed in the said Gazette Notice. 3. In the circumstances this suit, is so far as it seeks inter alia, a declaration that Gazette Notice No. 13104 dated 10th October 2011 is unconstitutional, null and void, is settled in view of the judgment in Petition No. 178 of 2011 and the subsequent action by the Registrar. 4. Consequently this suit is marked as settled with no order as to costs. DATED and DELIVERED at NAIROBI this 12th February 2014 D.S. MAJANJA JUDGE