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ELCOtherNot stated in the judgment

Kabiru & Company Advocates v Ole Tayiana (Environment and Land Civil Miscellaneous Application E051 of 2021) [2026] KEELC 930 (KLR)

Environment and Land Court (or High Court as presided over by M.D. Mwangi, Judge, at Kajiado)
19 February 2026
MMM.D. MWANGI
353 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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A Kajiado court refused to grant an advocate a charge over subdivided land until proper searches on the new titles are done.

What this practically means

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Executive summary

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This is an interlocutory ruling on an application by an Advocate under Section 52 of the Advocates Act seeking a charging order over a suit property allegedly preserved through his instrumentality. The court noted that Section 52 applies only after the advocate's costs have been taxed, which had occurred in the matter. Ordinarily, the order would be granted where the Advocate established that the suit property was preserved through his instrumentality. However, the application revealed that the title to the suit property, Kajiado/Loodariak/645, had been closed on subdivision as far back as 30th April 2025 and replaced by new subdivided titles. The Advocate had not conducted searches on the resultant subdivisions to establish whether they were registered in the Respondent's name or in the names of third parties, yet he sought a charging order over the original title, the resultant titles, and the drastic remedy of restoration of the title. The court held it would be acting blindly without that critical information and that the Advocate had to establish the extent of the subdivision and how the resultant titles are registered. Rather than determining the application, the court allowed the Advocate time to conduct further searches and granted leave to file a further affidavit attaching those searches, so that the court could make an informed decision. The application was accordingly deferred, not granted or dismissed. No costs order was made.

Questions the Court framed

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

  1. 1.Whether a charging order under Section 52 of the Advocates Act should issue over the suit property and resultant subdivisions
  2. 2.Whether the Advocate has established the extent of the subdivision and the names under which the resultant subdivisions are registered

Key legal issues

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01

Whether a charging order can issue where the title over the suit property has been closed on subdivision

Holding

The application was not determined; the court deferred it pending further searches by the Advocate

Reasoning

The Advocate sought a charging order over a title that had been closed on subdivision and replaced by new titles. Having not searched the resultant subdivisions, it was unclear whether they were registered in the Respondent's name or third parties'. The court held it could not decide the matter without that information and directed further searches and a further affidavit.

p. 2

Legal principles established

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  • Section 52 of the Advocates Act applies only after the advocate's costs have been taxed
  • An applicant for a charging order over subdivided land must establish how the resultant subdivisions are registered

Court orders

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  1. 1.The Advocate is allowed time to conduct further searches on the resultant subdivisions
  2. 2.The Advocate is granted leave to file a further affidavit attaching the searches to enable the court make an informed decision

The bench

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

MM
majority

Wrote the judgment

Jurisdiction invoked
Section 52 of the Advocates Act

Relief refused

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Charging order under Section 52 of the Advocates Act over Kajiado/Loodariak/645 and resultant titles, and restoration of the title

The title has been closed on subdivision and the Advocate has not established how the resultant subdivisions are registered; the court would be acting blindly without that critical information

p. 2

Costs

No costs order made in the judgment

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.

I will allow the Advocate time to conduct further searches and leave to file a further afidavit attaching the searches to enable the court make an informed decision on the issue at hand. It is so ordered.
p. 2Final orders - adjournment for further searches
section 52 of the Advocates Act is applicable after the advocates costs have been taxed
p. 1Preconditions to a charging order under Section 52
The Advocate must go farther and establish the extent of the subdivision and the names under which the resultant subdivisions are registered under.
p. 2Burden on applicant for charging order over subdivided land

Issues in the judgment

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minor

The body of the judgment is dated 19th February 2026 but refers to a ruling of 6th November 2025 concerning the same application and states the costs 'have indeed be taxed' - no contradiction within the judgment, but the case number and parties' names are not stated, and there is a typographical error ('be taxed' for 'been taxed')

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, "Kabiru & Company Advocates v Ole Tayiana (Environment and Land Civil Miscellaneous Application E051 of 2021) [2026] KEELC 930 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/930/eng@2026-02-19

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