https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3444

Kipkemboi v e Land Registrar Malindi & another (Environment and Planning Petition E001 of 2026) [2026] KEELC 3444 (KLR) (5 June 2026) (Ruling) Neutral citation: [2026] KEELC 3444 (KLR) Republic of Kenya In the Environment and Land Court at Malindi Environment and Planning Petition E001 of 2026 FM Njoroge, J June 5, 2026 Between Daniel Kipkemboi Applicant and The Land Registrar Malindi 1st Respondent The Hon Attorney General 2nd Respondent Ruling 1.This is a ruling on a Notice of Motion dated 24/2/2026 which is seeking the following orders:1.That this court be pleased to issue an order directing the Land Registrar Malindi to forthwith prepare execute and issue a title deed in respect of land parcel Kilifi/Jimba/1190 in favour of the applicant;2.That the court be pleased to issue an order declaring that any title deed, if at all issued, in respect of land parcel Kilifi/ Jimba /1190 is null void and of no legal effect;3.That this court be pleased to issue an order cancelling and expunging from the register any title deed, if at all issued, in respect of land parcel Kilifi/ Jimba /1190;4.That in the alternative and without prejudice to prayer 2 above this court be pleased to direct the Land Registrar Malindi to issue a Gazette Notice pursuant to the Land Registration Act for the cancellation of any title deed that may have been issued in respect of land parcel no Kilifi/ Jimba 1190 and upon expiry of the statutory notice period, proceed to issue a title deed in favour of the applicant;5.That the costs of this application be in the cause. 2.The application is supported by the Affidavit of the applicant, Daniel Kipkemboi Beren, and is premised on the following grounds:a.The applicant is the lawful owner of the property;b.The property is a subdivision of plot 397;c.No title deed has ever been issued to the applicant after the subdivision; neither has any title deed for the portion ever been traced at the Malindi land registry and no records exist in respect of that property;d.The applicant has been in continuous open and uninterrupted possession of the property;e.There are no third-party claims competing with the applicant’s claim. 3.I find the application before me to be improper because in the first place it seeks some very substantive prayers that will grant the applicant title to the suit land yet the application does not amount to a substantive suit commenced by any of the ways recognized by law, e.g. petition, judicial review, petition or originating summons. Cancellation of a title document can only be after the hearing of a substantive suit. I find it to be a shortcut that ought not be encouraged in this court. 4.Secondly the application is premised on speculation that there could be some other title out there that requires to be cancelled. This court can not issue orders based on such speculation. Also, if there was any such title there would be need for the filing of a substantive suit that would enable the trial of the propriety of the applicant’s claim to title on the merits, and the joinder of any other person thought to have a claim, besides the current respondents who clearly appear disinterested in ownership. 5.For now, even if this court were to consider the motion for any merits, there is no evidence annexed thereto whatsoever that points to the applicant as the person entitled to be registered and issued with a title deed, whether by way of purchase for valuable consideration or otherwise. 6.For the above reasons this court declines the application dated 24/2/2026 and it is hereby struck out with no orders as to costs. File to be closed. DATED, SIGNED AND DELIVERED AT MALINDI ON THIS 5TH JUNE 2026. MWANGI NJOROGEJUDGE, ELC MALINDI.