Elijah Githinji Charara v County Land Registrar Laikipia & 2 others [2018] KEELC 3054 (KLR)
- Court
- Environment & Land Court
- Case number
- 3054
- Citation
- [2018] KEELC 3054 (KLR)
- Decided
- 31 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a lower court decisionCoramHon Judge H. Omondi
Holding
The court found that the 1st Respondent's action of cancelling the Petitioner's title did not contravene Article 47 of the Constitution.
Facts
The Petitioner, Elijah Githinji Charara, filed a petition against the County Land Registrar Laikipia and the Attorney General, alleging that the 1st Respondent's cancellation of his title was in violation of Articles 47 and 40 of the Constitution of Kenya.
Issues
- Whether the 1st Respondent's action of cancelling the Petitioner's title contravened Article 47 of the Constitution.
- Whether Article 40 of the Constitution was violated.
- Whether the Petitioner is entitled to the reliefs sought in the petition.
Reasoning
The court examined Article 47 of the Constitution, which guarantees the right to administrative action that is expeditious, efficient, lawful, reasonable, and procedurally fair. The court ruled that the cancellation of the Petitioner's title was not unreasonable or procedurally unfair.
Outcome
The court dismissed the Petitioner's application.
Orders
- Conservatory orders restraining the Interested Party from selling, transferring, charging, leasing, disposing, or in any other manner adversely dealing with Title No. Laikipia/Kinamba/Mwenje Block 1/1311
Authorities cited
Legislation (1)
- Article 47 of the Constitution of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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