https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3554

Kathuri (As the legal representative of the Estate of Njeru Simon Gathuri - Deceased) v Ireri & another (Environment and Land Case 67 of 2014) [2026] KEELC 3554 (KLR) (4 June 2026) (Ruling) Neutral citation: [2026] KEELC 3554 (KLR) Republic of Kenya In the Environment and Land Court at Embu Environment and Land Case 67 of 2014 EC Cherono, J June 4, 2026 Between Nicelate Mutitu Kathuri (As the legal representative of the Estate of Njeru Simon Gathuri - Deceased) Plaintiff and Cyrus Njeru Ireri Defendant and Silas Murithi Kathuri & 8 others Interested Party Ruling 1.Vide the Notice of Motion application dated 11/09/2025, the Applicant is seeking interalia, that the restrictions placed on land parcels Gaturi/Nembure/16095, 16096, 16097, 16098 and 16099 be removed forthwith by the Land Registrar Embu. 2.The application is made on grounds on the face of the application supported by the affidavit of counsel for the Applicant and the interested Parties, Morris Njagi sworn on 11/09/2025. He deponed that the suit herein was resolved by the consent of the parties when it came up for hearing on 25/03/2025. He averred that the parties went about the business of dealing with the properties when they alarmingly discovered that each one of their parcels of land had been encumbered by M/S P.N. Mugo & Company Advocates by their letter dated 15/10/2018. He averred that on the instructions of his clients, he wrote to the said firm of advocates to lift the restriction by writing to the Land Registrar. He averred that the letter was acknowledged but not acted upon and that the suit having been settled, continued restriction on the suit lands is otiose and vexatious. 3.He annexed copies of the green cards of the suit lands, a copy of a letter to the firm of advocates and the same recorded by the court on dated 29/08/2025. 4.The Respondent did not oppose the application despite being served. 5.I have considered the Notice of Motion dated 11/09/2025, the grounds upon which it is founded, the supporting affidavit sworn by Mr. Morris Guchuru Njagi, Advocate, together with the annexures thereto. The application seeks an order directing the Land Registrar, Embu, to remove the restrictions registered against land parcels Nos. Gaturi/Nembure/16095, 16096, 16097, 16098 and 16099. 6.The applicable law is Section 78 of the Land Registration Act which provides that(1)The Registrar may, at anytime and on application by any person interested or at the Registrar’s own motion, and after giving the parties affected by the restriction an opportunity of being heard, order the removal or variation of a restriction.(2)Upon the application of a proprietor affected by a restriction, and upon notice to the Registrar, the court may order a restriction to be removed, varied, or other order as it deems fit, and may make an order as to costs. 7.The material placed before the Court shows that the dispute giving rise to the present proceedings was withdrawn by consent of the parties on 25/03/2025, with no orders as to costs. Although the Court is persuaded that the dispute giving rise to the restriction has been settled and that the continued subsistence of the restriction may no longer be justified, Section 78(2) of the Land Registration Act requires that notice be given to the Registrar before the Court may order removal of a restriction. There is presently no evidence that the Land Registrar, Embu, has been served with the application. In the circumstances, the Court directs that the Applicant serve the Land Registrar, Embu, with the application first. 8.The application is hereby struck out with no orders as to costs. DATED, DELIVERED AND SIGNED AT EMBU THIS 04TH DAY OF JUNE, 2026.HON. E.C CHERONOELC JUDG, EMBUIn the presence of;M/S Chepkorir H/B for Morris Njagi for the Plaintiff/ApplicantDefendant/Advocate-absentRuth C/A