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THE REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL CASE No. 72 OF 1994

PROF. WANGARI MAATHAI
PIUS JOHN NJOGU
JOHN F. MAKANGA.............................................. APPLICANTS
VERSUS

1. CITY COUNCIL OF NAIROBI


2. COMMISSIONER OF LANDS


3. MARKET PLAZA LIMITED..................................RESPONDENTS

BEFORE: THE HON. JUDGE MR. OLE KEIWUA

Civil Procedure: Locus standi: Whether the plaintiffs had a unique interest as opposed to
that of the general public

The plaintiffs filed a suit against the defendants seeking declarations that;

1. The sub division, sale, transfer of LR 209/1855/2- LR 5727 is irregular and breached
   special condition on the grant dated 1st /08/ 1982.


2. The issuance of certificate of title by commissioner of lands is irregular and contrary to
   the law.


3. Revocation of sub division of land Ref 209/1855- LR 2562 together with revocation of
   sale thereof.


4. An injunction restraining the defendant from selling or carrying out any construction
   work on LR 209/1855/2.

The defendants denied all allegations and contended that the plaintiffs have no locus standi to
bring the proceedings before court and that S.23 of the RTA is conclusive evidence that the
person named in the Certificate of Title as proprietor of the land is the indefeasible owner thereof
and title to that proprietor shall not be subject to challenge.

HELD:

1. Plaintiffs have failed to show that there has been any failure in public duty in which they
   alone have a unique interest as opposed to that of the public generally.


2. The plaintiffs have no locus standi and should not be heard.


3. Plaintiffs shall pay all the defendants costs of this suit.

Suit struck out.