[2024] KEELC 7021 (KLR)
The court determined that, since the suit property is located in West Machakos Municipality, Machakos District, the proper forum for hearing and determination of the application is the Environment and Land Court at Machakos. The Nairobi ELC therefore lacks territorial jurisdiction. The application was not determined...
Source-derived case information.
- Citation
- [2024] KEELC 7021 (KLR)
- Parties
- Applicant: Philip Obandah Arungah; Respondent: Chief Land Registrar; Respondent: The Honorable Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Judicial Review Application E006 of 2024
- Procedural Posture
- Judicial Review Application / Ruling on Transfer of Venue
- Outcome
- Application transferred to Machakos Environment and Land Court for determination.
- Judges
- JA Mogeni
- Legal Topics
- Land Registry Reconstruction, Judicial Review Mandamus, Administrative Action, Transfer of Venue
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Obandah Arungah
Applicant
Chief Land Registrar
Respondent
The Honorable Attorney General
Respondent
Procedural Posture
Judicial Review Application / Ruling on Transfer of Venue
Legal Issues
- 1 Whether the Environment and Land Court at Nairobi is the proper forum for determination of the application for reconstruction of the land registry file for LR No. 19222, IR No. 696228/1.
- 2 Whether the applicant is entitled to orders of mandamus to compel the Chief Land Registrar to reconstruct the land register file.
Ratio Decidendi
The court determined that, since the suit property is located in West Machakos Municipality, Machakos District, the proper forum for hearing and determination of the application is the Environment and Land Court at Machakos. The Nairobi ELC therefore lacks territorial jurisdiction. The application was not determined on its merits, and the file was ordered to be transferred to the Machakos ELC for hearing and determination. The court did not address the substantive prayer for mandamus, as the threshold issue of jurisdiction was dispositive.
Court Disposition
Application transferred to Machakos Environment and Land Court for determination.
Orders
- The file is to be placed before the Deputy Registrar for transfer to Machakos ELC Court for determination.
- No order as to costs at this stage.
Full Case Text
Judgment text and source record
32 paragraphs
Arungah v Chief Land Registrar & another (Environment and Land Case Judicial Review Application E006 of 2024) [2024] KEELC 7021 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEELC 7021 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Land Case Judicial Review Application E006 of 2024
JA Mogeni, J
October 24, 2024
IN THE MATTER OF: AN APPLICATION FOR LEAVE TO ISSUE TO
FILE AND APPLICATION FOR JUDICIAL REVIEW IN THE FORM OF ORDERS OF
MANDAMUS AGAINST THE CHIEF LAND
REGISTRAR/REGISTRAR
AND
IN THE MATTER OF: RECONSTRUCTION OF LAND REGISTRY FILE
FOR LAND REFERENCE NUMBER 19222, IR NUMBER 696228/1
IN THE MATTER OF: THE LAND REGISTRATION ACT NO. 3 OF 2012
AND
IN THE MATTER OF: FAIR ADMINISTRATIVE ACTIONS ACT NO 4
OF 2015
Between
Philip Obandah Arungah
Applicant
and
Chief Land Registrar
1st Respondent
The Honorable Attorney General
2nd Respondent
Ruling
1. On 05/06/2024, this court granted leave to the Ex-parte applicant, Philip Obandah Arungah to commence the instant Judicial Review application. The ex-parte applicant is represented by firm of M/s. Munyithia, Mutugi, Umara & Muzna and Company Advocates in this application.
2. As a result, on 24/04/2024, the ex-parte applicant brought this Judicial Review application by way of a Notice of Motion of even date under Section 7,8 and 9 of the Fair Administrative Action Act No. 4 of 2015, Section 9 and 33 (5) of the Land Registration Act No. 3 of 2012, Articles 22 and 47 of the Constitution of Kenya 2010, and all other enabling provisions of the law seeking the following reliefs. -i.That the Honorable Court be pleased to issue orders of judicial review in the form orders of mandamus to compel the Chief Land Registrar/Registrar, the 1st Respondent to reconstruct the Land Register File for Land Reference Number 19222, IR Number 69628/1 to facilitate the Applicant to register transferiiThe costs of the application be provided for.
3. The court has noted while perusing the Transfer document that the suit property is situate in West Machakos Municipality in Machakos District as stated on the document.
4. This being the case, the Court directs that this file be placed before the Deputy Registrar for transfer to Machakos ELC Court for determination.It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI ON THIS 24TH DAY OF OCTOBER 2024…………………………MOGENI JJUDGEIn the virtual presence of:Ms. Jin for Munyithya for ApplicantNo appearance for Respondent