REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MISC CIVIL APPLICATION NO 2017

IN THE MATTER OF AN APPLICATION FOR LEAVE ORDERS OF JUDICIAL

REVIEW
FOR
AN ORDER OF CERTIORARI AND PROHIBITION
PURSUANT TO ORDER 53 OF THE CIVIL PROCEDURE RULES 2010
BETWEEN
TUMBO JOTO
AND
KIAMBU COUNTY GOVERNMENT

CERTIFICATE OF URGENCY

I, WAKILI MKALI, an Advocate of the High Court of Kenya do hereby certify this application
to be extremely urgent for the reasons that the Registrar of lands unprocedurally entered a
restriction on a parcel LR. GITHUNGURI/GITHINGA/TINGA 48 without complying with
the procedural requirements of section 76 of the Registration of Land Act.

Section 76 (supra) requires the Registrar to make inquiries upon receiving complaints from
persons claiming an interest in a parcel of land, thereafter serve notices and hear such persons
before entering a restriction. The said restriction has deprived off the Applicant of his
proprietary rights over the suit property. The decision of the Registrar to enter a restriction
without hearing the proprietor is ultra-vires the Registration of Land Act, No 3 of 2012, an
error of law, and an abuse of power. It also goes against the rules of natural justice and
principle of legitimate expectations.

The Applicant is therefore seeking for leave for Order of certiorari and mandamus quashing
and revoking respectively, the said decision of the Registrar of Lands, which leave and quashing
if not granted, will greatly prejudice the Applicant.

DATED at NAIROBI this day of 2017

WAKILI MKALI
ADVOCATES FOR THE APPLICANT
DRAWN & FILED BY:-
WAKILI MAKALI
JOHARI HOUSE
3RD FLOOR
P.O BOX 2
NAIROBI

TO BE SERVED UPON
COUNTY GOVERNMENT
OF KIAMBU
 REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC CIVIL APPLICATION NO 2017

IN THE MATTER OF AN APPLICATION FOR LEAVE ORDERS OF JUDICIAL

REVIEW
FOR
AN ORDER OF CERTIORARI AND PROHIBITION
PURSUANT TO ORDER 53 OF THE CIVIL PROCEDURE RULES 2010
BETWEEN
TUMBO JOTO
AND
KIAMBU COUNTY GOVERNMENT

EX-PARTE
CHAMBER SUMMONS
(Under Section 8 and 9 of the Law Reform Act, Cap 26 Laws of Kenya Order 53 r1,
2, 3 and 4 of the Civil Procedure Rules, 2010)

LET ALL PARTIES attend the Honorable Judge in Chambers on the day of
2017 at 9.00 O’clock in the forenoon or soon thereafter as counsel for the Applicants
may be heard on an application for ORDERS:-
1. THAT this application be certified urgent and fit to be heard forthwith.
2. THAT the Applicant be granted leave to apply for an ORDER of CERTIORARI to
remove into the High Court and quash the decision of the Registrar of Lands to enter a
restriction on land parcel number LR. GITHUNGURI/GITHINGA/TINGA.408.
3. THAT the Applicant be granted leave to apply for an ORDER of MANDAMUS to
compel the Registrar of Lands, Kiambu County to revoke the restriction placed on LR.
GITHUNGURI/GITHINGA/T.408.
4. THAT the costs of this application be provided for.

WHICH APPLICATION is based on the provisions of the law, the statement of facts filed
herein, the annexed affidavit of TUMBO JOTO and on such grounds and reasons to be
adduced at the hearing hereof.

DATED at NAIROBI this day of 2017

 WAKILI MKALI
ADVOCATES FOR THE APPLICANT
DRAWN & FILED BY:-
WAKILI MAKALI
JOHARI HOUSE
3RD FLOOR
P.O BOX 2
NAIROBI

TO BE SERVED UPON
COUNTY GOVERNMENT
OF KIAMBU
 REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC CIVIL APPLICATION NO 2017

IN THE MATTER OF AN APPLICATION FOR LEAVE ORDERS OF JUDICIAL

REVIEW
FOR
AN ORDER OF CERTIORARI AND PROHIBITION
PURSUANT TO ORDER 53 OF THE CIVIL PROCEDURE RULES 2010
BETWEEN
TUMBO JOTO
AND
KIAMBU COUNTY GOVERNMENT

STATEMENT
A. NAME AND DESCRIPTION OF THE APPLICANT
1. THAT the Applicant, TUMBO JOTO is an adult male of sound mind and
disposition residing in the city of Nairobi whose address of service for purposes of
these proceedings is care of WAKILI MKALI & CO ADVOCATES JOHARI
HOUSE 3RD FLOOR P.O BOX 2 NAIROBI.
B. THE RELIEF
1. THAT the Applicant be granted an ORDER of CERTIORARI to remove into
High Court and quash the decision of the Registrar of Lands, Kiambu County Lands
Registry to place a restriction on land LR.
GITHUNGURI/GITHINGA/TINGA.408 belonging to TUMBO JOTO

2. THAT the Applicant be granted an ORDER of MANDAMUS to compel the

Registrar of Lands, Kiambu County to revoke the restriction placed on land LR.
GITHUNGURI/GITHINGA/TINGA.408 belonging to TUMBO JOTO
C. THE GROUNDS UPON WHICH THE RELIEF IS SOUGHT
1. THAT the decision of the Registrar to enter a restriction without hearing the
proprietor is ultra-vires the Registration of Land Act, No 3 of 2012, an error of law
and abuse of power.
 2. THAT the decision of the Registrar to enter a restriction without hearing the
proprietor is against the rules of natural justice and principle of legitimate
expectations.

DATED at NAIROBI this day of 2017

WAKILI MKALI
ADVOCATES FOR THE APPLICANT
DRAWN & FILED BY:-
WAKILI MAKALI
JOHARI HOUSE
3RD FLOOR
P.O BOX 2
NAIROBI

TO BE SERVED UPON
COUNTY GOVERNMENT
OF KIAMBU
 REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC CIVIL APPLICATION NO 2017

IN THE MATTER OF AN APPLICATION FOR LEAVE ORDERS OF JUDICIAL

REVIEW

FOR

AN ORDER OF CERTIORARI AND PROHIBITION

PURSUANT TO ORDER 53 OF THE CIVIL PROCEDURE RULES 2010

BETWEEN
TUMBO JOTO
AND
KIAMBU COUNTY GOVERNMENT

AFFIDAVIT VERIFYING THE FACTS RELIED ON

I, TUMBO JOTO , of P.O. Box 450 MATESO in the Republic of Kenya do hereby make oath
and state as follows:-

1. THAT I am a male/female adult of sound and disposing mind residing in Kiambu and the
proprietor of the suit land herein LR. GITHUNGURI/GITHINGA/TINGA.408 au
fait with the facts in issue and therefore competent to make and swear this affidavit.
Annexed hereto and marked as TJ 1 is a true copy of title.

2. THAT on 5TH April 2017, I visited the land registry at Kiambu to conduct a search on
my property number LR. GITHUNGURI/GITHINGA/TINGA.408. Annexed
hereto and marked as TJ2 is a true copy of the search.

3. THAT when the search results came out, I noted a restriction having been entered on
my property as 4.8.2014 RESTRICTIOM: VIDE DCC’S LETTER REF:
GITH/DIST/LND16/7 VOL/83 DT 1ST.8.2014.
 4. THAT I am advised by my record attorney which advice I verily believe to be true that
section 76 of the Registration of Land Act No 3 of 2012 places a duty on the Registrar
and or his office to make inquiries, give notices and hear persons claiming an interest in
land before placing a restriction order on such land.

5. THAT I was never given any notice neither was I informed and or heard before the
said restriction was placed on my land.

6. THAT I have made fruitless efforts to obtain the letter from the Deputy County
Commissioner leading to the entry of a restriction on my property.

7. THAT I am advised by my record attorney which advice I verily believe to be true that
the foregoing is akin to a denial of rules of natural justice and express statutory
protections.

8. THAT my proprietary rights over the suit property have gravely been prejudiced as a
consequence of the foregoing.

9. THAT the decision of the Registrar to enter a restriction without hearing the
proprietor is ultra-vires the Registration of Land Act, No 3 of 2012, an error of law and
abuse of power.
10. THAT the decision of the Registrar to enter a restriction without hearing the
proprietor is against the rules of natural justice and principle of legitimate expectations.

11. THAT I swear this affidavit in support of my application filed herewith.

12. THAT what is deponed to herein is true to the best of my knowledge, information and
belief save for sources wherein the same have been disclosed cognizant of the offence of
perjury.
SWORN at NAIROBI by the said ]
TUMBO JOTO ]…………………………
This day of 2017 ] DEPONENT
]
BEFORE ME ]
]
COMMISSIONER FOR OATHS ]
DRAWN & FILED BY:-
WAKILI MAKALI
JOHARI HOUSE
3RD FLOOR
P.O BOX 2
NAIROBI

TO BE SERVED UPON
COUNTY GOVERNMENT
OF KIAMBU