Ongete v Registrar; Nairobi City County (Interested Party) (Environment and Land Petition 5 of 2023) [2025] KEELC 8673 (KLR)

The Petitioner produced allotment letters, rate payment receipts, a registered lease, amalgamation approval and evidence that the National Titling Centre forwarded 399 processed title deeds to the District Land Registrar. The court found compliance with all required conditions, so the failure to issue titles was an arbitrary deprivation contravening Article 40.

Relying on the Supreme Court in Communications Commission of Kenya and the Court of Appeal in Ngetich, the court held that letters constituted an equivocal representation that titles would issue upon compliance. The Petitioner met the conditions, hence the expectation was legitimate.

Article 47 and Section 4(3)(b) of the Fair Administrative Action Act require administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. Issuing titles is a function of the Respondent, which had a legal duty to act fairly; the unexplained failure breached that duty.

The court accepted the right is broad but held that inability to use property does not violate Article 48 unless it directly prevented access to courts or legal remedies, which was not shown.

Article 10 binds all State organs and public officers. The Respondent was obligated to adhere to these values, and its failure to issue title deeds despite compliance was inconsistent with good governance, transparency and accountability.

Applying KNEC v Ex Parte Gathenji, mandamus commands performance of a public duty. The Petitioner made demand by letter to the Chief Land Registrar which went unanswered, amounting to unjustified implied refusal, leaving mandamus as the only effective remedy.