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ELCAllowedJudicial Review application - substantive motion dated 22/10/2025

Republic of Kenya v County Surveyor – Meru & 2 others; M’Mbwiria (Ex parte Applicant); Mbwiria (Interested Party) (Environment and Land Judicial Review Case E018 of 2025) [2025] KEELC 7687 (KLR)

Environment and Land Court
5 November 2025
BEB M Eboso
119 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The ex-parte applicant filed a substantive motion dated 22/10/2025 seeking an order of mandamus compelling the Land Registrar to establish and mark the boundaries of parcels Abothuguchi/Gaitu/1305 and 1306. The respondents did not oppose the application, and although the Interested Party was served, it elected not to attend the hearing. Justice B M Eboso of the Environment and Land Court at Meru considered the unopposed motion and allowed it in terms of prayer 1, thereby directing the Land Registrar to establish and mark the boundaries of the two parcels. On costs, the court directed that each party bear their respective costs of the suit. The suit was marked 'Case closed.' The judgment was dated, signed and delivered at Meru on 5th November 2025, with Mr Muthamia appearing for the ex-parte applicant and M/s Wairimu for the respondents. The judgment is notably terse: it does not set out the applicant's supporting grounds, the parties' detailed submissions, or any legal analysis, resting entirely on the fact that the application was unopposed. No authorities or statutory provisions are cited, and no relief was refused. No decision below was reviewed, the matter being an original judicial review application.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether an order of mandamus should issue compelling the Land Registrar to establish and mark boundaries relating to Abothuguchi/Gaitu/1305 and 1306

Key legal issues

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01

Whether mandamus should issue against the Land Registrar

Holding

Mandamus issued in terms of prayer 1 of the substantive motion, the application being unopposed.

Reasoning

The ex-parte applicant sought an order of mandamus compelling the Land Registrar to establish and mark boundaries over Abothuguchi/Gaitu/1305 and 1306. The respondents did not oppose the motion and the Interested Party, though served, elected not to attend. In the absence of opposition, the court allowed the motion in terms of prayer 1 and ordered each party to bear its own costs.

p. 1

Legal principles established

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  • Where the respondents do not oppose an unopposed mandamus application seeking boundary establishment and marking, the court may grant the order in the terms sought.

Court orders

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  1. 1.Motion allowed in terms of prayer 1
  2. 2.Each party to bear their respective costs of the suit
  3. 3.Suit marked 'Case closed'

The bench

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One judgment of the whole court — no separate or dissenting opinions.

BE
majority

Wrote the judgment

Jurisdiction invoked
Judicial review jurisdiction of the Environment and Land Court (order of mandamus against the Land Registrar)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the circumstances, the motion is allowed in terms of prayer 1. Parties shall bear their respective costs of the suit. It is so ordered.
p. 1Disposition and costs
The suit shall be marked 'Case closed.'
p. 1Closing of the suit

Issues in the judgment

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minor

The names of the ex-parte applicant and the Interested Party are not given in the judgment; parties identified only by role.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic of Kenya v County Surveyor – Meru & 2 others; M’Mbwiria (Ex parte Applicant); Mbwiria (Interested Party) (Environment and Land Judicial Review Case E018 of 2025) [2025] KEELC 7687 (KLR)", Case Analysis (2025). Judicial Review application - substantive motion dated 22/10/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7687/eng@2025-11-05

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.