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ELCDismissedPetition dated 9th October 2023· [2026] KEELC 3511 (KLR)

Mochache v Land Registrar, Nyamira County & another; Commission on Administrative Justice & 2 others (Interested Parties) (Environment and Land Petition E002 of 2023) [2026] KEELC 3511 (KLR)

Environment and Land Court
10 June 2026
DOD. O. Ohungo
1,505 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 Petitioner, registered proprietor of Lietego Settlement Scheme/405, petitioned the Court over a boundary confirmation exercise conducted on 6th April 2023 between parcels 404 and 405 by the First Respondent, a land registrar. She complained that the notice letter of 8th March 2023 was scanty, that her request for information and rescheduling was ignored, and that the exercise proceeded in her absence. Her advocates requested the registrar's report on 17th April 2023; upon non-response she complained to the Commission on Administrative Justice, which on 21st August 2023 directed the First Respondent to respond. She then sought orders enforcing the Commission's directives, requiring disclosure of the report's contents, and costs on an indemnity basis. The First Respondent deposed that the Petitioner had notice, that the exercise proceeded without her, and that the report was supplied on 5th June 2023 with further correspondence on 15th December 2023. The Commission confirmed compliance. The court framed two issues: whether the Petitioner's right of access to information under Article 35 was violated, and whether the reliefs sought should issue. Relying on the Supreme Court's decision in Kenya Railways Corporation v Okoiti, the court held that the right to litigate crystallizes only upon a denied or unanswered request. The information had been supplied four months before the Petition was filed, and the Petitioner filed no affidavit to counter the respondents' position. Finding no violation, the court dismissed the Petition and ordered each party to bear own costs.

Key legal issues

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01

Whether the Petitioner's right of access to information under Article 35 was violated

Holding

No violation established; the information was supplied by the First Respondent before the Petition was filed, and the Petitioner filed no affidavit to counter that position

Reasoning

The First Respondent deposed that the report was supplied on 5th June 2023 and further correspondence followed on 15th December 2023. The First Interested Party, the oversight body under the Access to Information Act, confirmed the information was supplied. The Petitioner did not file a supplementary affidavit to controvert this. The court invoked the principle that enforcement of the Article 35 right crystallizes only upon a request that is denied or not provided; here the request had been satisfied.

p. 4

Legal principles established

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  • The right to institute an action in court on access to information only crystallizes once a citizen has requested the information and the request has been denied or not provided

Court orders

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  1. 1.The Petition is dismissed
  2. 2.Each party to bear own costs
Jurisdiction invoked
Article 35 of the Constitution of Kenya, 2010 and the Access to Information Act, 2016

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, "Mochache v Land Registrar, Nyamira County & another; Commission on Administrative Justice & 2 others (Interested Parties) (Environment and Land Petition E002 of 2023) [2026] KEELC 3511 (KLR)", Case Analysis (2026). Petition dated 9th October 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3511/eng@2026-06-10

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