REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KILIFI COUNTY HIGH COURT JUDICIAL REVIEW NO. E009 OF 2026 IN THE MATTER OF AN APPLICATION BY LENNOX KAHINDI FAKURO FOR LEAVE TO APPLY FOR JUDICIAL REVIEW BETWEEN REPUBLIC ................................................................................. EX-PARTE APPLICANT VERSUS 1. THE ADJUDICATION OFFICER KILIFI 2. THE LAND REGISTRAR KILIFI 3. THE COUNTY SURVEYOR KILIFI COUNTY .............................. RESPONDENTS RULING 1. The Matter coming up in chambers in the absence of Counsel for the Ex Parte Applicant, the question of this Court’s jurisdiction to entertain a Judicial Review application seeking substantive orders of mandamus against land officers regarding land survey, registration, and issuance of title under Order 53 of the Civil Procedure Rules arose for determination. 2. By way of Ex Parte Chamber Summons dated 21st July, 2026 and on an even date, the Ex-parte Applicant seeks leave of this Court to apply for an Order of Mandamus compelling the Respondents namely, the Adjudication Officer Kilifi, the Land Registrar Kilifi, and the County Surveyor Kilifi Count, to carry out a survey on land situated at Tsangatsini area measuring approximately 139 hectares and to issue a title deed in the name of the Applicant herein. 3. Article 162(2)(b) of the Constitution of Kenya, 2010, explicitly establishes the Environment and Land Court (ELC) and grants it exclusive original and appellate jurisdiction to hear and determine disputes, claims, and matters relating to environment, land use, planning, title, tenure, and administration. 4. Further, Section 13 of the Environment and Land Court Act (No. 19 of 2011) vests the ELC with comprehensive jurisdiction over all matters touching on land administration, registration, and actions or omissions of land registrars, surveyors, and adjudication officers. 5. While the High Court exercises supervisory jurisdiction over subordinate courts and administrative bodies, the Court of Appeal and successive decisions of the High Court have firmly established
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that where the primary and substantive core of a dispute involves land rights, survey, registration, and issuance of title, the proper forum endowed with the requisite jurisdiction is the Environment and Land Court. 6. Initiating land administration challenges via a traditional Judicial Review application in the general High Court division constitutes an improper invocation of jurisdiction. 7. The Applicant's core grievance is the alleged failure by land administration officers; the Adjudication Officer, Land Registrar, and County Surveyor to carry out a survey and issue a title deed pursuant to historical land awards. 8. These prayers directly implicate land administration, title issuance, and statutory duties governed by land statutes that fall squarely within the specialized mandate of the Environment and Land Court pursuant to Article 162(2)(b) of the Constitution and Section 13 of the ELC Act. 9. This Court, therefore, lacks jurisdiction to grant leave for filing of substantive Judicial Review Application in a clearly land centred dispute masquerading as a conventional civil Judicial Review application in the general High Court. 10. Accordingly, leave is hereby declined and the Ex Parte Chamber Summons Application dated 21st July, 2026 is hereby struck out for want of jurisdiction. DATED AND DELIVERED AT MALINDI THIS 21ST DAY OF JULY 2026. C. AKAIGWA JUDGE
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