Republic v Land Registrar Nairobi & another; Salat (Ex parte Applicant) (Environment and Land Case Judicial Review Application E001 of 2026) [2026] KEHC 2443 (KLR) (27 February 2026) (Ruling) Neutral citation: [2026] KEHC 2443 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) ENVIRONMENT AND LAND CASE JUDICIAL REVIEW APPLICATION E001 OF 2026 RE ABURILI, J FEBRUARY 27, 2026 IN THE MATTER OF AN APPLICATION FOR LEAVE BY HALIMA SALAT ALI TO COMMENCE JUDICIAL REVIEW PROCEEDINGS AGAINST THE LAND REGISTRAR NAIROBI FOR ORDERS OF CERTIORARI AND MANDAMUS AND IN THE MATTER OF COTRAVENTION OF ARTICLES 40, 47 & 50 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF CONTRAVENTION OF SECTIONS 14, 24(A), 25(1), 26(1) & 79 OF THE LAND REGISTRATION ACT (NO.3 OF 2012) AND IN THE MATTER OF CONTRAVENTION OF SECTIONS 4 AND 7 OF THE FAIR ADMINISTRATIVE ACTIONS ACT, NO.4 OF 2015 AND IN THE MATTER OF IRREGULAR CANCELLATION/REVOCATION OF LR 209/3271/65 IR 7852 NOW CONVERTED TO NAIROBI/BLOCK 42/103 BETWEEN REPUBLIC ................................................................................................. APPLICANT AND THE LAND REGISTRAR NAIROBI .......................................... 1ST RESPONDENT THE HON ATTORNEY GENERAL ........................................... 2ND RESPONDENT AND https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2443/eng@2026-02-27 1
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HALIMA SALAT .................................................................. EX PARTE APPLICANT RULING 1. This matter is filed as a JR Environment and Land Court and it is brought under certificate of urgency. I decline to certify it as urgent for the reasons to follow, having sought out the applicant to appear online to urge the application without success. 2. I note that the matter was meant to be filed before the Environment and Land Court but somehow, it ended up being filed in the High Court Judicial Review Registry. 3. Jurisdictionally, the High Court is constitutionally barred by Article 165(5)(b) of the Constitution to hear and determine disputes which are exclusively reserved for the Supreme Court and the courts contemplated under Article 162(2) of the Constitution and these courts are the Employment and Labour Relations Court and the Environment and Land Court. 4. Accordingly, for want of jurisdiction, since jurisdiction is only conferred by the Constitution and statutes, not for the court to arrogate itself of jurisdiction that it is devoid of; and this matter being a purely land matter falling within the jurisdiction of the Environment and Land Court, I decline to entertain it. 5. For avoidable of doubt, the dispute concerns alleged revocation and cancellation of certificate of lease of LR/209/3271/65 IR 7852 and converted to NAIROBI BLOCK 42/103 issued to the applicant. 6. The Notice of Motion dated 25/2/2026 is struck out for want of jurisdiction. I make no orders as to costs. 7. This file is closed. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 27TH DAY OF FEBRUARY, 2026 R.E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2443/eng@2026-02-27 2
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