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ELCAllowedNot stated in judgment

Rotich v Kirui (Sued as the legal representative of the Estate of Jane Jepkemboi Kirui - Deceased) (Land Case E006 of 2024) [2025] KEELC 3183 (KLR)

Environment and Land Court
7 April 2025
GOG M A Ongondo
489 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court ordered a county surveyor to inspect disputed land and report its true size and who occupies it, with police protection.

What this practically means

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Executive summary

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By a Notice of Motion dated 24th February 2025 brought under Article 50 of the Constitution and sections 1A, 1B, 3, 3A and 18 of the Civil Procedure Act, the applicant Julius Kipchirchir Rotich sought orders that the County Surveyor Nandi County visit the locus quo, being land parcel Nandi/Itigo/383, to ascertain its acreage and the occupation thereof by each party, compile a report and file it in court, and that the OCS Mosoriot Police Station or any other police station provide security during the exercise. The applicant contended that the survey and report were necessary to enable the court to resolve the issues before it with certainty, and that the application warranted priority hearing. The respondent was duly served, as evidenced by an affidavit of service sworn on 19th March 2025, but did not file a reply. The court, Ongondo J, framed a single question: whether the application was merited. Holding that the principal order sought was in consonance with sections 18 and 19 of the Land Registration Act, and that the application was tailored to meeting the ends of justice, the court found it steadfast and meritorious. The application was allowed in terms of the 2nd and 3rd prayers: the County Surveyor was directed to visit the locus quo, ascertain the acreage and occupation, compile and file a report before 28th May 2025 for mention, with police security provided. Costs of the application were ordered to be in the cause. Delivered at Kapsabet on 7th April 2025.

Questions the Court framed

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

  1. 1.Whether the application for the County Surveyor Nandi County to visit the locus quo (Nandi/Itigo/383) to ascertain acreage and occupation, with police security, is merited

Key legal issues

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01

Whether a locus quo visit by the County Surveyor should be ordered to aid just determination of the dispute

Holding

The application was allowed; the court found the survey and report would enable it to resolve the issues with certainty.

Reasoning

The applicant sought an order that the County Surveyor visit the suit land to ascertain its acreage and each party's occupation and file a report. The court found such an order consistent with sections 18 and 19 of the Land Registration Act and tailored to meeting the ends of justice. The respondent was served but did not reply, and the court concluded the application was meritorious.

p. 2

Legal principles established

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  • An order for a surveyor's visit to the locus quo to ascertain acreage and occupation is in consonance with sections 18 and 19 of the Land Registration Act

Court orders

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  1. 1.The County Surveyor Nandi County to visit the locus quo known as Nandi/Itigo/383 to ascertain the acreage as well as occupation thereof and compile a Report and file the same in court
  2. 2.The OCS, Mosoriot Police Station or any other police station to provide security to the County Surveyor during the exercise
  3. 3.The report of the County Surveyor Nandi County to be filed in court before 28th May 2025 for mention
  4. 4.Costs of the application be in the cause

The bench

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

GO
majority

Wrote the judgment

Jurisdiction invoked
Article 50 of the Constitution of Kenya 2010 and sections 1A, 1B, 3, 3A and 18 of the Civil Procedure Act (Chapter 21, Laws of Kenya)

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 applicant has sought the principal order for the County Surveyor Nandi County to visit the locus quo and ascertain acreage and occupation of the suit land. The same is in consonant with sections 18 and 19 of the Land Registration Act 2016 [2012].
p. 2Statutory basis for locus quo survey order
In the result, the application is hereby allowed in terms of the 2nd and 3rd prayers therein as set out in paragraph 1 (b) and (c) hereinabove.
p. 2Disposition
The report of the County Surveyor Nandi County be filed in court before 28th May 2025 for mention.
p. 2Deadline for filing surveyor's report
Costs of the application be in the cause.
p. 2Costs

Issues in the judgment

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material

The judgment contains blank numbered paragraphs 1 and 2, and the case number, parties' full names (including the respondent) and nature of the underlying suit are not stated.

minor

Internal contradiction in the citation of the Land Registration Act - referred to as '2016 [2012]'.

minor

Ogada v Mollin is cited in the body without clarity on whether it was cited by counsel or by the court; the judgment attributes the fact of service to it.

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, "Rotich v Kirui (Sued as the legal representative of the Estate of Jane Jepkemboi Kirui - Deceased) (Land Case E006 of 2024) [2025] KEELC 3183 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3183/eng@2025-04-07

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