[2012] KEHC 5746 (KLR)
The court found that the Registrar of Titles acted without legal authority in revoking the petitioners' property title by Gazette Notice No. 15580. Such action was contrary to Articles 40 and 47(1) of the Constitution, which protect the right to property and the right to fair administrative action. The court...
Source-derived case information.
- Citation
- [2012] KEHC 5746 (KLR)
- Parties
- Applicant: Peter Mureithi Ngatia; Applicant: Agnes Wakuraya Ngatia; Respondent: Registrar of Titles; Respondent: Commissioner of Lands; Respondent: The Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 308 of 2012
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- Petition allowed. Gazette Notice No. 15580 declared null and void. Reliefs granted as specified.
- Legal Topics
- Right to Property, Fair Administrative Action, Title Revocation, Gazette Notice, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mureithi Ngatia
Applicant
Agnes Wakuraya Ngatia
Applicant
Registrar of Titles
Respondent
Commissioner of Lands
Respondent
The Attorney General
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the Registrar of Titles had the legal authority to revoke a property title by Gazette Notice.
- 2 Whether the revocation of the petitioners' title violated their constitutional rights under Articles 40 and 47(1).
Ratio Decidendi
The court found that the Registrar of Titles acted without legal authority in revoking the petitioners' property title by Gazette Notice No. 15580. Such action was contrary to Articles 40 and 47(1) of the Constitution, which protect the right to property and the right to fair administrative action. The court declared the Gazette Notice null and void, directed the Registrar to remove any entries made pursuant to it, and restrained any further action based on the Notice in relation to the petitioners' property.
Court Disposition
Petition allowed. Gazette Notice No. 15580 declared null and void. Reliefs granted as specified.
Orders
- Gazette Notice No. 15580 is declared null and void and of no consequence as it is a breach of the petitioners' rights under Article 40 and 47(1) of the Constitution.
- The Registrar of Titles is directed to cancel, delete and/or remove all or any entries made pursuant to Gazette Notice No. 15580 in relation to LR No. 209/13539/143.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH OF KENYA AT NAIROBI
MILIMANI LAW COURTS
Petition 308 of 2012
PETER MUREITHI NGATIA.................................................1ST PETITIONER
AGNES WAKURAYA NGATIA............................................2ND PETITIONER
AND
REGISTRAR OF TITLES....................................................1ST RESPONDENT
COMMISSIONER OF LANDS.............................................2ND RESPONDENT
THE ATTORNEY GENERAL...............................................3RD RESPONDENT
JUDGMENT
This case concerns the petitioners’ property LR No. 209/13539/143 whose title was revoked by Gazette Notice No. 15580. The State has properly conceded that this course cannot be sustained as the Registrar has no power to revoke a title by way of Gazette Notice. Such action is contrary to Article 47(1)and40 of the Constitution which protect the right to fair administrative action and right to property respectively.
In the circumstances, the appropriate relief in this matter is as follows;
(1)Gazette Notice No. 15580 is declared null and void and of no consequence as it is a breach of the petitioner’s rights under Article 40 and 47(1) of the Constitution.
(2)The Registrar of Titles is directed to cancel, delete and or remove all or any entries made pursuant to Gazette Notice No. 15580 in relation to LR No. 209/13539/143.
(3)The registrar of Titles or any other person is restrained from giving effect to Gazette Notice No. 15580 in so far as it relates to LR No. 209/13539/143.
(4)Each party shall bear its own costs.
DATEDand DELIVERED at NAIROBI this 31st day of July 2012
D.S. MAJANJA
JUDGE
Mr Masinde instructed by Boniface Masinde and Company Advocates for the petitioner.
Ms Makori, Litigation Counsel, instructed by the State Law Office for the respondent.