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Land And Property [2023] KEELC 18058 (KLR)

Republic v Chief Lands Registrar; First River Side Acres (Interested Party); NCBA Bank Kenya PLC (Exparte)

Republic v Chief Lands Registrar; First River Side Acres (Interested Party); NCBA Bank Kenya PLC (Exparte) [2023] KEELC 18058 (KLR)

Court
Environment and Land Court
Case number
Environment and Land Judicial Review Case E010 of 2022
Judge
EK Wabwoto

The court found that the Exparte Applicant had demonstrated a clear legal right to the reconstruction of the deed file, as the inability to register the Replacement Charge and Further Charge due to the missing file prejudiced its interests as chargee. The Respondent, as Chief Lands Registrar, has a statutory public duty under Section 33(5) of the Land Registration Act, 2012 to reconstruct lost or destroyed land registers. The Applicant had made repeated efforts to have the file reconstructed, including formal requests and provision of supporting documentation, but the Respondent failed to act…

Source excerpt

  • Judicial Review
  • Mandamus
  • Land Registration
  • Deed File Reconstruction
  • Public Duty
  • Administrative Inaction
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Environmental Law [2021] KENET 651 (KLR)

Denvic Property Managers Limited v National Environmental Management Authority & another; Export Processing Zone Authority, Machakos County Government, Department of Environment and Natural Resources, Mavoko Water & Sewerage Company, Greatwall Gardens Limited & Erdemann Property Limited(Interested Parties)

Denvic Property Managers Limited v National Environmental Management Authority & another; Export Processing Zone Authority, Machakos County Government, Department of Environment and Natural Resources, Mavoko Water & Sewerage Company, Greatwall Gardens Limited & Erdemann Property Limited(Interested Parties) [2021] KENET 651 (KLR)

Court
National Environment Tribunal - Nairobi
Case number
Appeal 2 of 2020

The Tribunal found that it has jurisdiction to hear the appeal under section 129(2) of the Environmental Management and Co-ordination Act (EMCA) because the Appellant's grievance is based on the 1st Respondent's failure to act on complaints of environmental pollution. The Tribunal relied on the statutory definition of 'decision' and 'failure' under the Fair Administrative Action Act, as well as its own precedent in NET 15/2018, to hold that inaction by the authority is reviewable. However, the Tribunal declined to grant the interlocutory orders sought by the Appellant, noting that the allegat…

Source excerpt

  • Environmental Pollution
  • Regulatory Compliance
  • Jurisdiction Of Tribunal
  • Public Nuisance
  • Administrative Inaction
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.