Mugure Thande v Attorney General [2012] KEHC 2680 (KLR)

Facts

The petitioner, Mugure Thande, has a registered title to land known as Nachu/Mikuyuini/660. She filed a petition and Chamber Summons application against the Land Registration Act (Act No. 3 of 2012) sections 106(1) and 109, claiming that the absence of transitional mechanisms threatens her right to property.

Issues

1. Whether transitional mechanisms are in place for the implementation of the Land Registration Act
2. Whether the implementation of sections 106(1) and 109 of the Land Registration Act constitutes a threat to the petitioner's right to property

Reasoning

The court upholds the provisions of section 108 of the LRA, which saves the application of the repealed laws until rules, orders, regulations, and transitional structures are put in place. The court also notes that the Commissioner of Lands retains powers to issue directions to the Registrar to register documents.

Outcome

Petitioner's application dismissed

Authorities cited