Ragen (Suing in the Public Interest) v Safqa Limited & 6 others (Environment & Land Petition E008 of 2023) [2025] KEELC 1219 (KLR) (12 March 2025) (Judgment)

Summary at a glance

Facts

In 1998, Mwembelegeza Scheme in Mombasa was planned, surveyed, and plots of 50 feet by 100 feet were subdivided. Some plots were reserved as public utilities, including plot No. 1580, which was a bus park. The Chief Land Registrar issued a title certificate to Anthony Charo Karisa on 11th April 2014, and the National Land Commission registered a transfer to Safqa Limited on 23rd September 2015, leading to the construction of a private shopping mall.

Issues

• Whether the issuance of a title certificate over plot No. 1580 was in accordance with the caveat placed by the Chief Land Registrar in 2007.
• Whether the petitioner is entitled to information regarding the conversion of a public utility plot to private property.

Reasoning

The court found that the issuance of the title certificate over the public utility plot was in violation of the caveat placed by the Chief Land Registrar, thus rendering the certificate invalid.

Outcome

The court ordered the respondents to provide the petitioner with the information regarding the conversion of the public utility plot to private property.

Orders

• The respondents are ordered to provide the petitioner with the information regarding the conversion of the public utility plot to private property.