Republic v Cabinet Secretary Ministry of Lands & Physical Planning, Director of Land Adjudication & Settlement, Chief Land Registrar & Attorney General of Kenya; Rauni Nkari(Interested Party); Phares Mugambi (Exparte Applicant) [2021] KEELC 4367 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT CHUKA

CHUKA ELC  MISCELLANEOUS JUDICIAL REVIEW APPLICATION CASE NO.  E002 OF 2020

REPUBLIC....................................................................................................................APPLICANT

VERSUS

THE CABINET SECRETARY MINISTRY OFLANDS &

PHYSICAL PLANNING..................................................................................1ST RESPONDENT

THE DIRECTOR OF LAND ADJUDICATION & SETTLEMENT...........2ND RESPONDENT

THE CHIEF LAND REGISTRAR.................................................................3RD RESPONDENT

THE ATTORNEY GENERAL OF KENYA..................................................4TH RESPONDENT

AND

RAUNI NKARI............................................................................................INTERESTED PARTY

PHARES MUGAMBI ..............................................................................EXPARTE APPLICANT

RULING

1.  The Land Registrar Chuka, Mr. Mwiti Njue, had been ordered by court to explain the circumstances under which a title deed had been issued in contravention of a stay order issued by the court.

2.  The Land Registrar explained that he had received a letter dated 23rd September, 2020, instructing him to issue a title deed to the interested party. He told the court that the relevant court order had been given to the Land Registry clerks who did not bring it to his attention. He told the court that he was remorseful and that he did not knowingly disobey a court order. He asked the court to forgive his innocent infraction.

3.  I find that the Land Registrar had purged his alleged disobedience of a court order.

4.  The exparte applicant and the interested party asked the court to adopt a consent which would allow for the cancellation of the impugned title. The consent is dated 17th February, 2021 and reads as follows:

CONSENT

1. That an order be issued cancelling the title deed issued to the interested party Rauni Nkari in respect of LR. No. Marembo/Rianthiga/106.

2.  There be no order as to costs.

Signed

Muthomi h/b Momanyi  signed for the ex-parte applicant

Kiongo for 1st, 2nd, 3rd and 4th Respondents

I.C. Mugo for the Interested Party

Dated this 17th February, 2021 at Chuka.

5.  The consent is adopted as an order of this court.

6.  The following orders are issued:

a.  The consent submitted by the parties seeking an order for cancellation of the Title in respect of LR No. Marembo/Rianthiga/106 is adopted as an order of the court.

b.  The Land Registrar, Chuka, is hereby ordered to cancel the Title for LR. No. Marembo/Rianthiga/106 immediately and restore the status quo extant before the said title was issued.

c.  The Land Registrar, Mr. Mwiti Njue to personally come to court on 15. 3.2021 to confirm that order (b) above has been implemented.

d.  By consent, parties to file fresh submissions and the respondents to also file responses concurrently within 21 days of today.

e.  By consent, directions on 15. 3.2021.

Delivered in open Court at Chuka this 17th day of February, 2021 in the presence of:

CA: Ndegwa

Muthomi Gitari h/b Momanyi for the ex-parte applicant

Kiongo for 1st, 2nd, 3rd and 4th respondents

I.C. Mugo for the Interested Party

HON. JUSTICE Dr. P. M. NJOROGE,

ELC JUDGE.