LEAH WAITHIRA NJENGA V. REPUBLIC, MINISTER OF LANDS & SETTLEMENT, COMMISSIONER OF LANDS & A.S. WAWERU

JUDGMENT OF THE COURT

A. BACKGROUND

[1] By High Court Miscellaneous Application No.940 of 2005 (Nairobi), Leah Waithira Njenga applied for orders of mandamus directed at the Minister for Lands and Settlement as well as the Commissioner of Lands compelling them to issue her with title documents for Land Reference Number Nyandarua/Ol Kalou Salient/271. She further prayed for general and exemplary damages as well as costs.

[2] Her suit was predicated on her claim that she had purchased the said parcel of land from one, Jacob Njenga Muiruri, and had obtained all necessary authorizations and consents in that regard but instead, the land was unlawfully transferred to one, A. S. Waweru, the 4th Respondent.

[3] Having heard the parties, Sitati J, on 13th May 2011, dismissed the Judicial Review Application with costs. In doing so, she stated inter alia that Leah Waithira Njenga had not proved that she was lawfully entitled to the suit land, had come to Court with unclean hands by failing to disclo…