Republic v District Land Registrar, Kajiado & another; Old Rhodian Holdings Limited & 5 others (Exparte Applicants) (Environment and Land Case Judicial Review Application E001 of 2025) [2025] KEELC 3518 (KLR) (30 April 2025) (Ruling)

Summary at a glance

Facts

The District Land Registrar and County Surveyor conducted a site visit on August 30, 2024, to determine a boundary dispute between parcels of land Kajiado/Kaputiei-North/16456, 12775, 12776, and 12777. The Ex Parte Applicants, who are the registered proprietors and beneficial owners of parcels Kajiado/Kaputiei-North/25692 and 25693, were not involved in the process and consider the decision unlawful, unconstitutional, unprocedural, and contrary to the Fair Administrative Action Act.

Issues

• Involvement of Ex Parte Applicants in the boundary dispute determination
• Unconstitutionality and unprocedural nature of the decision

Reasoning

The court found it necessary to issue directions to ensure the due process of the law and to join the affected parties to the proceedings.

Outcome

The court arrests its judgment and directs the Ex Parte Applicants to amend their Notice of Motion.

Orders

• The Ex Parte Applicants to amend their Notice of Motion and join the owners of the affected parcels as interested parties within 21 days.
• Directions as to the hearing of the Motion shall be given upon confirmation of compliance with the above orders.

Remedies

• Amendment of Notice of Motion to join affected parties

Authorities cited