Republic v District Land Registrar, Nakuru & 2 others; Mugo & another (Suing as the legal representatives of the Estate of the Late Annah Wanjiku Ngunjiri) (Exparte Applicant); Nguru (Interested Party) (Environment and Land Case Judicial Review Application 3 of 2024) [2025] KEELC 63 (KLR) (Environment and Land) (23 January 2025) (Judgment)

Facts

The ex-parte applicant seeks an order of certiorari to remove the Respondent's decision to amend the Registry Index Map in respect of Kiambogo/Kiambogo Block 1, which had reduced the size of land parcel No. Kiambogo/Kiambogo Block 1/846. The applicant also seeks an order of mandamus to compel the Respondents to conduct a fresh boundary dispute hearing.

Issues

1. Whether the ex-parte applicant is entitled to an order of certiorari to remove the Respondent's decision to amend the Registry Index Map
2. Whether the ex-parte applicant is entitled to an order of mandamus to compel the Respondents to conduct a fresh boundary dispute hearing

Reasoning

The court held that the ex-parte applicant's application was an abuse of the court process and that the suit was time-barred. The court also found that the ex-parte applicant had not exhausted alternative remedies.

Outcome

The application was dismissed.

Authorities cited