Sabina Nyambura Githina & another v Land Registrar, Thika Land Registry & 3 others; Real Capital Ltd (Interested Party) [2021] KEELC 2928 (KLR)

Summary at a glance

Facts

The Petitioners filed an amended petition seeking declarations and orders against the Respondents regarding the cancellation of land registration entries, arrest of the 2nd Petitioner, and prosecution of the 2nd Petitioner. The Petitioners also sought damages and an order quashing a criminal case.

Issues

• Whether the Court has jurisdiction to hear and determine the Petitioners' requests.
• Whether the Petitioners were afforded a fair administrative action.
• Whether the Petition is merited.

Reasoning

The Court's jurisdiction is established by Article 162(2)(b) of the Constitution and the Environment and Land Court Act, Section 13.

Outcome

The Court issued orders for a declaration, permanent injunction, and damages.

Orders

• A declaration that the Petitioners' right to property has been violated.
• A declaration that the Respondents' actions in cancelling land registration entries were in violation of the Petitioners' right to fair administrative action.
• A declaration that the 2nd Respondent did not conduct any investigation prior to the arrest of the 2nd Petitioner.
• A declaration that the 3rd Respondent's action of prosecuting the 2nd Petitioner goes against the rules of natural justice.
• An order of permanent injunction restraining the Respondents and any other party from interfering with the 1st Petitioner's rights of ownership and possession over Title Number Ruiru/Ruiru East Block 7/84.
• An order to bring to the High Court quashing the trial of Criminal Case No. 1674 of 2015; Republic Vs Evalyn Wanjiru Githina.
• An order of damages of Kshs. 100,000/= payable by the 1st and 4th Respondents respectively.

Remedies

• Damages of Kshs. 100,000/= payable by the 1st and 4th Respondents respectively.
• Permanent Injunction restraining the Respondents and any other party from interfering with the 1st Petitioner's rights of ownership and possession over Title Number Ruiru/Ruiru East Block 7/84.

Authorities cited