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ELCAllowedNot stated in judgment

Indata v Makanga (Environment and Land Miscellaneous Case E015 of 2024) [2025] KEELC 4789 (KLR)

Environment and Land Court
30 June 2025
EAE. Asati
194 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court corrected a boundary survey order to name the right police station, so the disputed land boundary can finally be surveyed with security.

What this practically means

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Executive summary

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This short ruling by the Environment and Land Court at Vihiga (E. Asati, J) determined an application dated 24th June 2025 seeking amendment of an earlier order dated 19th May 2025. The original order had directed the OCS Luanda police station to provide security, evidently for a boundary survey. The Applicant explained that after the order issued, it was discovered that the suit parcels, W/Bunyore/Ebusiekwe/2146 and 2145, are located in Emuhaya sub-county, within the jurisdiction of Embali police station, making the original order unworkable. The application was unopposed, no appearance being entered for the Respondent. The court held that for the order of 19th May 2025 to serve the purpose for which it was granted, the amendment was necessary. It allowed the application, directing that OCS Embali police station provide security to the Land Registrar, Vihiga County, to survey and determine the common boundary line between the two parcels. The court made no orders as to costs. The ruling was delivered virtually at Vihiga on 30th June 2025, with Nanungi holding brief for Luchivya for the Applicant and no appearance for the Respondent. The judgment does not disclose the case number, party names or underlying cause.

Questions the Court framed

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

  1. 1.Whether the order dated 19th May 2025 should be amended to substitute OCS Embali police station for OCS Luanda police station
  2. 2.Whether the suit lands fall within the jurisdiction of Embali police station

Key legal issues

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01

Whether to amend an earlier order to correct the police station named

Holding

The court allowed the amendment because the suit lands fall under Embali police station, so the amendment was necessary for the order to serve its purpose

Reasoning

The Applicant established that the suit parcels W/Bunyore/Ebusiekwe/2146 and 2145 lie in Emuhaya sub-county within Embali police station's jurisdiction, not Luanda. The application was unopposed and the court found the amendment necessary for the order to be executed as intended.

p. 1

Legal principles established

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  • Where an order cannot serve its purpose owing to an error such as naming the wrong police station, the court may amend the order to make it effective

Court orders

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  1. 1.The application dated 24th June 2025 is allowed
  2. 2.The earlier order dated 19th May 2025 is amended to read OCS Embali police station instead of Luanda police station
  3. 3.OCS Embali police station to provide security to the Land Registrar Vihiga County to survey and determine the common boundary line between parcels of land Numbers W/Bunyore/Ebusiekwe/2146 and 2145
  4. 4.No orders as to costs

The bench

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

EA
majority

Wrote the judgment

Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over land parcel boundary disputes

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.

For the order dated 19th May 2025 to serve the purpose for which it was granted, it is necessary that the application be allowed and the order amended accordingly.
p. 1Amendment of orders to serve their purpose
The application dated 24th June, 2025 is hereby allowed. The OCS Embali police station to provide security to the Land Registrar Vihiga County to survey and determine the common boundary line between parcels of land Numbers W/Bunyore/Ebusiekwe/2146 and 2145.
p. 1Final orders

Issues in the judgment

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minor

The ruling does not state the case number, the parties' names, or the nature of the underlying suit; only 'Applicant' and 'Respondent' are used

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, "Indata v Makanga (Environment and Land Miscellaneous Case E015 of 2024) [2025] KEELC 4789 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4789/eng@2025-06-30

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