https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3683
Because the respondents and interested parties did not oppose the application and confirmed that the Land Registrar had already initiated boundary determination by issuing summonses, the court granted mandamus to compel completion of that statutory function and preserved the status quo by restraining further...
Source-derived case information.
- Citation
- [2026] KEELC 3683 (KLR)
- Parties
- 1st Ex Parte Applicant: Edward Kinoti M'Anampiu alias M'Anampiu M'Ithiiri; 2nd Ex Parte Applicant: Francis Thuranira M'Anampiu; 3rd Ex Parte Applicant: Gerald Mugambi M'Anampiu; 4th Ex Parte Applicant: John Mwongera M’Anampiu; 1st Respondent: The land Registrar, Meru Central Land Registry; 2nd Respondent: The Hon Attorney General; 1st Interested Party: Janet Kithira; 2nd Interested Party: Joyce Nguta Mworia; 3rd Interested Party: Mwiti Kithinji
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case E008 of 2026
- Procedural Posture
- Judicial Review / Judgment on Notice of Motion
- Outcome
- Application allowed.
- Judges
- ["BM Eboso"]
- Legal Topics
- Boundary Determination, Mandamus, Status Quo Orders, Land Registrar Duties, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Kinoti M'Anampiu alias M'Anampiu M'Ithiiri
1st Ex Parte Applicant
Francis Thuranira M'Anampiu
2nd Ex Parte Applicant
Gerald Mugambi M'Anampiu
3rd Ex Parte Applicant
John Mwongera M’Anampiu
4th Ex Parte Applicant
The land Registrar, Meru Central Land Registry
1st Respondent
The Hon Attorney General
2nd Respondent
Janet Kithira
1st Interested Party
Joyce Nguta Mworia
2nd Interested Party
Mwiti Kithinji
3rd Interested Party
Procedural Posture
Judicial Review / Judgment on Notice of Motion
Legal Issues
- 1 Whether an order of mandamus should issue compelling the Land Registrar to determine and fix the boundaries of the listed parcels
- 2 Whether interim status quo orders were necessary pending boundary determination
- 3 How costs should be allocated
Ratio Decidendi
Because the respondents and interested parties did not oppose the application and confirmed that the Land Registrar had already initiated boundary determination by issuing summonses, the court granted mandamus to compel completion of that statutory function and preserved the status quo by restraining further permanent developments until the boundaries were fixed.
Court Disposition
Application allowed.
Orders
- An order of mandamus issued compelling the Land Registrar to determine and fix the boundaries relating to Ntima/Ntakira/9094, 3569, 7147, 7146, 7148, 2713, 2711 and 2709.
- Pending the determination and fixing of the boundaries, no further permanent developments shall be carried out on the affected parcels.
Full Case Text
Judgment text and source record
1 paragraphs
M'Anampiu alias M'Anampiu M'Ithiiri & 3 others v Land Registrar, Meru Central Land Registry & 4 others (Environment and Land Judicial Review Case E008 of 2026) [2026] KEELC 3683 (KLR) (15 June 2026) (Judgment) Neutral citation: [2026] KEELC 3683 (KLR) Republic of Kenya In the Environment and Land Court at Meru Environment and Land Judicial Review Case E008 of 2026 BM Eboso, J June 15, 2026 Between Edward Kinoti M'Anampiu alias M'Anampiu M'Ithiiri 1st Ex parte Applicant Francis Thuranira M'Anampiu 2nd Ex parte Applicant Gerald Mugambi M'Anampiu 3rd Ex parte Applicant John Mwongera M’Anampiu 4th Ex parte Applicant and The land Registrar, Meru Central Land Registry 1st Respondent The Hon Attorney General 2nd Respondent and Janet Kithira 1st Interested Party Joyce Nguta Mworia 2nd Interested Party Mwiti Kithinji 3rd Interested Party Judgment 1.. Through the notice of motion dated 14/5/2026, the ex-parte applicants seek an order of mandamus compelling the Land Registrar to determine and fix the boundaries relating to Ntima/Ntakira/9094, 3569, 7147, 7146, 7148, 2713, 2711 and 2709. They also seek an order maintaining status quo pending the determination and fixing of the boundaries by the Land Registrar. 2.The respondents do not oppose the plea for boundary determination. They have indicated that, infact the Land Registrar has issued summonses inviting affected parties to attend boundary determination hearing tomorrow, 16/6/2026. The interested parties, similarly, do not oppose the plea for boundary determination. They, too, confirm receipt of summonses inviting them to attend the boundary determination hearing. 3.In the circumstances, an order of mandamus shall and is hereby issued in terms of prayer (a) of the notice of motion dated 14/5/2026. Pending the determination and fixing of the boundaries, no further permanent developments shall be carried out on the affected parcels. This order shall automatically stand spent once the Land Registrar decides and fixes the boundaries. 4.The registered proprietors of the eight (8) affected parcels shall equally share the attendant costs. Lastly, parties shall bear their respective costs of this judicial review cause. DATED, SIGNED AND DELIVERED AT MERU THIS 15TH DAY OF JUNE, 2026.B M EBOSO [MR]ELC JUDGEIn the presence of:Mr Atheru for the Ex-parte ApplicantMs E Wairimu for the RespondentMr Muthamia for the Interested PartiesCourt Assistant – Mr. E. Tupet