[2012] KEHC 1490 (KLR)
The court held that the Registrar of Titles acted ultra vires by revoking the petitioner's title through Gazette Notice No. 9230, as there is no statutory authority under the Registration of Titles Act permitting such action. The court further found that the revocation constituted an arbitrary deprivation of...
Source-derived case information.
- Citation
- [2012] KEHC 1490 (KLR)
- Parties
- Petitioner: Kobian (Kenya) Limited; Respondent: The Honourable Attorney General of the Republic of Kenya, being sued for and on behalf of the Senior Registrar of Titles, Nairobi and on behalf of the Commissioner of Lands
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 167 of 2012
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- Petition allowed.
- Judges
- DAS Majanja
- Legal Topics
- Protection of Property Rights, Revocation of Land Title, Administrative Action, Powers of Registrar of Titles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kobian (Kenya) Limited
Petitioner
The Honourable Attorney General of the Republic of Kenya, being sued for and on behalf of the Senior Registrar of Titles, Nairobi and on behalf of the Commissioner of Lands
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the Registrar of Titles has authority under the Registration of Titles Act to revoke title to land.
- 2 Whether the revocation of title by Gazette Notice constitutes a breach of Article 40 of the Constitution regarding protection from arbitrary deprivation of property.
- 3 Whether the revocation of title by Gazette Notice is contrary to Article 47 of the Constitution on fair administrative action.
Ratio Decidendi
The court held that the Registrar of Titles acted ultra vires by revoking the petitioner's title through Gazette Notice No. 9230, as there is no statutory authority under the Registration of Titles Act permitting such action. The court further found that the revocation constituted an arbitrary deprivation of property, violating Article 40 of the Constitution, and was effected without adherence to the requirements of fair administrative action under Article 47. The court relied on previous decisions, including Power Technic Ltd v Attorney General, which had already declared the relevant Gazette Notice null and void. Consequently, the court declared Gazette Notice No. 9230 and Gazette...
Court Disposition
Petition allowed.
Orders
- Gazette Notice No. 9230 dated 29th July 2011 and Gazette Notice No. 3231, insofar as they relate to LR No. 209/11801/1 (IR No. 71150/1), are declared null and void.
- The petitioner shall have the costs of the petition.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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KOBIAN (KENYA) LIMITED ...................................... PETITIONER
AND
THE HONOURABLE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA,
BEING SUED FOR ANDON BEHALF OF
THE SENIORREGISTRAR OF TITLES, NAIROBI
AND ON BEHALF OF
THE COMMISSIONER OF LANDS ......................... RESPONDENT
JUDGMENT
1. The petitioner is the registered proprietor of LR No. 209/11801/11. The petitioner has instituted these proceedings because the Registrar of Titles has revoked the title vide Gazette Notice No. 9230 dated 29th July 2011.
2. The petition is not opposed and this Court has had an occasion to pronounce of the validity of the revocation of title by the Registrar. The thread running through the cases is that the Registrar of Tiles has no authority under the Registration of Titles Act (Chapter 281 of the Laws of Kenya) to revoke title to land. Secondly, such revocation is a breach of Article 40 of the Constitution that protects a person from the arbitrary taking of property. Thirdly, the revocation of the title to land by Gazette Notice is contrary to Article 47 which protects the petitioner from unfair administrative action. (SeeRepublic v Kisumu District lands Officer and AnotherHC Misc. Appl. No. 80 of 2010 (Unreported), Kenya Breweries Limited v Municipal Council of Mombasa & OthersHC Misc. Application No. 244 of 2001 (Unreported)Kuria Greens Limited v Registrar of Titles and Commissioner of LandsNairobi HC Petition No. 107 of 2010 (Unreported), Sound Equipment Limited v Registrar of Titles and Commissioner of Lands Nairobi Petition No. 106 of 2010 (Unreported)andPower Technic Ltd v Attorney General & Others,Nairobi Petition No. 178 of 2011 (Unreported).
3. In Power Technic Ltd v Attorney General (Supra), the Court did declare Gazette Notice No. 9230 published in the Special Issue dated 29th July 2011 null and void. In the circumstances of this case and for the avoidance of doubt I hereby declare Gazette Notice No. 9230 dated 29th July 2011 and Gazette Notice No. 3231 in so far as it relates to LR No. 209/11801/1 (IR No. 71150/1) null and void.
4. The petitioner shall have the costs of the petition.
DATEDand DELIVERED at NAIROBI this 26th day of October 2012.
D.S. MAJANJA
JUDGE
Mr Naeku instructed by Bowry and Company Advocates for the petitioners.