In Re Matter of Mwithiga Kimani [2014] KEHC 7099 (KLR)

IN THE HIGH COURT AT NAIROBI

MILIMANI LAW COURTS

CONSTITUTIONAL AND HUMAN RIGHTS DIVISION

PETITION ELC NO. 75 OF 2014

BETWEEN

IN THE MATTER OF THE CONSTITUTION ARTICLE 40(2)(a)(b)

AND

IN THE MATTER OF SECTION 73(1) AND SECTION 75 OF THE LAND REGISTRATION ACT 2012.

AND

IN THE MATTER OF MWITHIGA KIMANI

RULING

The petition before the court does not lie and it is one for striking out as it seeks the removal of a caution lodged on DAGORETTI/KINOO/4259 belonging to the petitioner by one Margaret Nyambura Ngigi who is deceased.  The procedure for removal of a caution is originated by writing to the Land Registrar to remove it.  This does not raise any constitutional issue.  The law has provided for such a process and accordingly this petition is an abuse of the court process.

DATED and DELIVERED at NAIROBI this 18th February 2014

D.S. MAJANJA

JUDGE