REPUBLIC VS COUNTY LAND REGISTRAR,HOMABAY AND COUNTY SURVEYOR,HOMABAY AND 2 Others

1. The applicant, PAULUS OKOTH ODERO through L K Obwanda and Company Advocates originated an application by way of Notice of motion dated 2024 for;  (a) Order of Judicial review in the nature of mandamus compelling Homa Bay County Land Registrar and Homa Bay County Surveyor through the Attorney General to conduct boundary survey on land parcels number GEM/KOWUOR/KOTIENO/1254, GEM/KOWUOR/KOTIENO/1255 and GEM/KOWUOR/KOTIENO/1256.  (b)  Order of Judicial review in the nature of mandamus compelling Homa Bay County Land Registrar and Homa Bay County Surveyor through the Attorney General to upon conducting the boundary survey on land parcels number GEM/KOWUOR/KOTIENO/1254, GEM/KOWUOR/KOTIENO/1255 and GEM/KOWUOR/KOTIENO/1256 to prepare and file a report including a sketch plan affirming whether or not there is any encroachment either of the owners on each other’s parcel or any encroachment from any other person who is not the registered owner of the said parcels.  (c)  An order that the above orders be supervised by the police Commander, Homa Bay for purposes of enforcement. (d)  The cost of this application be borne by the respondents and the interested parties jointly and severally.
2. The respondents and the interested parties were duly served as disclosed in the affidavit of service sworn on 22^nd October 2024 by L K Obwanda learned counsel for the applicant.
3. Ms Kimberly instructed by L K Obwanda and Company Advocates learned counsel for the applicant has referred to the affidavit of service and urged the court to grant the orders sought in the application.
4. In that regard, is the application meritorious?
5. As noted in paragraph 2 hereinabove, the respondents and the interested parties were made aware of the existence of the application. However, they opted not to responded to the same; see Ogada-vs-Mollin (2009) eKLR.
6. The applicant approached the respondents who are bestowed with the public duty to determine boundaries as provided for under sections 18 and 19 of the Land Registration Act 2016 (2012). The duty has not been carried out as confirmed by the applicant..
7. This court is guided by Articles 22, 23, 40 and 47 of the Constitution of Kenya 2010 herein. The meaning of the term ‘Mandamus’ in Black’s Law Dictionary 10^th Edition is quite instructive, too.
8. Clearly, the application is steadfast, cogent and meritorious. Thus, the applicant is entitled to the orders sought in this application.
9. A fortiori, the application be and is hereby allowed in terms of orders sought therein as set out in paragraph 1 (a) (b) (c) and (d) hereinabove.
10. It is so ordered.

DATED and DELIVERED at HOMA BAY THIS 6^TH DAY OF NOVEMBER 2024

G  M   A ONGONDO

JUDGE

PRESENT

Ms Kimberly instructed by L K Obwanda learned counsel for the applicant

Mr Luanga, court assistant