Arungah v Chief Land Registrar & another [2024] KEELC 7021 (KLR)

Arungah v Chief Land Registrar & another (Environment and Land Case Judicial Review Application E006 of 2024) [2024] KEELC 7021 (KLR) (24 October 2024) (Ruling)

Neutral citation: [2024] KEELC 7021 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment and Land Case Judicial Review Application E006 of 2024

JA Mogeni, J

October 24, 2024

IN THE MATTER OF: AN APPLICATION FOR LEAVE TO ISSUE TO

FILE AND APPLICATION FOR JUDICIAL REVIEW IN THE FORM OF ORDERS OF

MANDAMUS AGAINST THE CHIEF LAND

REGISTRAR/REGISTRAR

AND

IN THE MATTER OF: RECONSTRUCTION OF LAND REGISTRY FILE

FOR LAND REFERENCE NUMBER 19222, IR NUMBER 696228/1

IN THE MATTER OF: THE LAND REGISTRATION ACT NO. 3 OF 2012

AND

IN THE MATTER OF: FAIR ADMINISTRATIVE ACTIONS ACT NO 4

OF 2015

Between

Philip Obandah Arungah

Applicant

and

Chief Land Registrar

1st Respondent

The Honorable Attorney General

2nd Respondent

Ruling

1. On 05/06/2024, this court granted leave to the Ex-parte applicant, Philip Obandah Arungah to commence the instant Judicial Review application. The ex-parte applicant is represented by firm of M/s. Munyithia, Mutugi, Umara & Muzna and Company Advocates in this application.

2. As a result, on 24/04/2024, the ex-parte applicant brought this Judicial Review application by way of a Notice of Motion of even date under Section 7,8 and 9 of the Fair Administrative Action Act No. 4 of 2015, Section 9 and 33 (5) of the Land Registration Act No. 3 of 2012, Articles 22 and 47 of the Constitution of Kenya 2010, and all other enabling provisions of the law seeking the following reliefs. -i.That the Honorable Court be pleased to issue orders of judicial review in the form orders of mandamus to compel the Chief Land Registrar/Registrar, the 1st Respondent to reconstruct the Land Register File for Land Reference Number 19222, IR Number 69628/1 to facilitate the Applicant to register transferiiThe costs of the application be provided for.

3. The court has noted while perusing the Transfer document that the suit property is situate in West Machakos Municipality in Machakos District as stated on the document.

4. This being the case, the Court directs that this file be placed before the Deputy Registrar for transfer to Machakos ELC Court for determination.It is so ordered.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI ON THIS 24TH DAY OF OCTOBER 2024…………………………MOGENI JJUDGEIn the virtual presence of:Ms. Jin for Munyithya for ApplicantNo appearance for Respondent