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ELCAllowedELCLJR CASE NO. E010 OF 2025

Republic v Director of Surveys & 3 others (Environment and Land Judicial Review Case E010 of 2025) [2026] KEELC 4104 (KLR)

Environment and Land Court
12 June 2026
5,196 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~21 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court quashed an unauthorised land map alteration, confirming land officials must follow legal procedures and hear owners first.

What this practically means

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Executive summary

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The Ex-Parte Applicant, Sevens Positions Management Company Limited, the registered owner of L.R. No. 330/1251 (Original No. 330/341/2) along Ngong Road, Nairobi, moved the Court by a Notice of Motion dated 16th July 2025 for certiorari, prohibition and mandamus. It discovered in October 2024, while following up on delayed gazettement of the property, that the 1st Respondent (the Director of Surveys) had altered the Registry Index Map to read L.R. No. 330/1368 instead of L.R. No. 330/1251. An official search confirmed the register still showed L.R. No. 330/1251, and the 1st Respondent neither responded to a letter of 31st October 2024 requesting correction and reasons nor reversed the alteration. The Respondents, represented by the Attorney General, filed no response or submissions. The court framed three issues: ultra vires, breach of fair administrative action, and entitlement to the orders sought. Applying Section 16 of the Land Registration Act, the court held that the alteration was made without an approved plan, without instructions from the Registrar and without notification with approvals, and was therefore without jurisdiction, ultra vires and a nullity. It further held that the decision was made without notice, hearing or written reasons, breaching Article 47 of the Constitution and Sections 4(3) and 6 of the Fair Administrative Action Act. The court granted all three remedies: certiorari to quash the decision, prohibition against the 2nd Respondent implementing it, and mandamus compelling the 1st Respondent to restore the reference details to L.R. No. 330/1251, with costs to the Ex-Parte Applicant.

Questions the Court framed

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

  1. 1.Whether the 1st Respondent's decision to alter the land reference details on the Registry Index Map was made ultra vires
  2. 2.Whether the 1st Respondent's decision violated the Ex-Parte Applicant's right to fair administrative action
  3. 3.Whether the Applicant is entitled to the orders sought

Key legal issues

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01

Whether the alteration of the land reference details on the Registry Index Map was ultra vires

Holding

The alteration was made without an approved plan and without notification to the Registrar, contrary to Sections 16(1) and 16(4) of the Land Registration Act, and was a nullity

Reasoning

The court found the 1st Respondent produced no approved subdivision or combination plan authorising the change from L.R. No. 330/1251 to 330/1368, no instructions from the Registrar, and no submission of a rectified map with approvals. The official search confirmed the register still showed L.R. No. 330/1251, creating an inconsistency with the map. The alteration therefore exceeded the statutory power under Section 16 of the Land Registration Act and was void.

p. 15
02

Whether the decision violated the Applicant's right to fair administrative action

Holding

Yes - the decision was made without prior notice, hearing, or written reasons, breaching Article 47 and Sections 4(3) and 6 of the Fair Administrative Action Act

Reasoning

The Applicant, as registered proprietor, was entitled to notice and a hearing before any decision affecting its proprietary interests. The 1st Respondent gave no notice, no opportunity to be heard and no written reasons, and ignored the Applicant's 31st October 2024 letter requesting correction and reasons. The breach was aggravated by that silence, contrary to Article 47 of the Constitution and the Fair Administrative Action Act.

p. 20
03

Whether the Applicant is entitled to the judicial review remedies of certiorari, prohibition and mandamus

Holding

All three orders were granted - certiorari to quash, prohibition to restrain the Registrar, and mandamus to compel restoration of the map

Reasoning

Certiorari lies against decisions made without jurisdiction or in breach of natural justice. Since the impugned decision was ultra vires, consequential steps would be equally unlawful, justifying prohibition against the Registrar. Mandamus was justified because, having acted outside the statutory procedure, the 1st Respondent was under a correlative duty to restore the cadastral map to its prior lawful state, and the Applicant had demanded compliance without result.

p. 24

Legal principles established

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  • A cadastral map may only be rectified on the basis of an approved subdivision, combination or other approved plan, and any rectification must be notified to the Registrar with the relevant approvals; action outside these statutory limits is a nullity
  • An administrator whose action adversely affects a person's rights must give prior notice, an opportunity to be heard, and written reasons; failure to do so breaches Article 47 and the Fair Administrative Action Act
  • An order of prohibition can prevent the execution of a decision made without jurisdiction but cannot quash a decision already made

Court orders

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  1. 1.An order of Certiorari quashing the decision of the 1st Respondent to alter the survey records and land reference details of property L.R. No. 330/1251 (Original No. 330/341/2) on the Registry Index Map
  2. 2.An order of Prohibition prohibiting the 2nd Respondent from altering, amending, or rectifying the Land Register in respect of property L.R. No. 330/1251 (Original No. 330/341/2) pursuant to the 1st Respondent's impugned decision or otherwise
  3. 3.An order of Mandamus directing the 1st Respondent to correct the alterations on the Registry Index Map and restore the suit property's reference details to L.R. No. 330/1251 (Original No. 330/341/2)
  4. 4.Costs of the application awarded to the Ex-Parte Applicant

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Article 23(3)(f) of the Constitution of Kenya; Sections 7, 8 and 9 of the Fair Administrative Action Act; Order 53 of the Civil Procedure Rules

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.

The decision was accordingly made ultra vires and is a nullity.
p. 15ultra vires cadastral alteration
This Court finds that the 1st Respondent's failure to give the Applicant prior notice, an opportunity to be heard, and written reasons for the impugned decision constitutes a clear and fundamental breach of the Applicant's right to fair administrative action as outlined under Article 47 of the Constitution
p. 20fair administrative action
Prohibition cannot quash a decision which has already been made; it can only prevent the making of a contemplated decision
p. 22scope of prohibition
An order of Certiorari is hereby issued removing into this court and quashing the decision of the 1st Respondent to alter the survey records and land reference details of property L.R. No. 330/1251 (Original No. 330/341/2) on the Registry Index Map.
p. 25final orders - certiorari
Costs of this application are awarded to the ExParte Applicant.
p. 25final orders - costs

Issues in the judgment

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minor

The neutralCitation is not stated in the judgment

minor

Typographical errors appear in the analysis, including 'an approved plan, written, and without submitting' and 'an order of Prohibition sill prevent the execution'

minor

Numbered paragraphs restart mid-judgment (analysis continues as items 8-18 following paragraphs 22-40), suggesting an editing or numbering error

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 v Director of Surveys & 3 others (Environment and Land Judicial Review Case E010 of 2025) [2026] KEELC 4104 (KLR)", Case Analysis (2026). ELCLJR CASE NO. E010 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4104/eng@2026-06-12

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