Kabogo v Land Registrar, Kajiado (Environment and Land Miscellaneous Case E052 of 2026) [2026] KEELC 4518 (KLR) (16 July 2026) (Ruling) Neutral citation: [2026] KEELC 4518 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAJIADO ENVIRONMENT AND LAND MISCELLANEOUS CASE E052 OF 2026 MD MWANGI, J JULY 16, 2026 BETWEEN PAUL WAMAE KABOGO ....................................................................... APPLICANT AND LAND REGISTRAR, KAJIADO ........................................................ RESPONDENT (In respect of the Notice of Motion dated 7th July 2026 principally brought under the provisions of section 70 of the Land Registration Act.) RULING 1. The Applicant herein is the registered proprietor of the parcel of land known as Kajiado/ Kitengela/4308 as confirmed by the certificate of oficial search annexed to the application and dated 14th April 2026. The certificate of oficial search further discloses that on 30th November 2015, an inhibition was registered pursuant to an order of the court issued in HCC ELC No. 222 of 2015, prohibiting ‘any dealings till further order from the court is issued’. 2. The case at the time of issuance of the inhibition order was in Machakos. Subsequent to the establishment of the ELC at Kajiado, the suit amongst others was transferred to Kajiado where it was registered as Kajiado ELC 591 of 2015. Interestingly, the Applicant herein was not a party to the suit in spite of being the registered proprietor of the land parcel number Kajiado/Kitengela/4308, the subject matter of the suit. 3. I have had occasion to peruse the file and confirm that it has indeed been dismissed. The court in dismissing the suit however, failed to issue an order lifting the inhibition on the Applicant’s title. 4. The inhibition unnecessarily limits the proprietor’s full enjoyment of his proprietary rights over his property. As this court has repeatedly stated, an inhibition, caution or a caveat are temporary measures which are not meant to exist in perpetuity. The inhibition order on the Applicant’s title has existed for over ten (10) years now. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4518/eng@2026-07-16 1
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5. The case, Kajiado ELC 591 of 2015, having been dismissed there is no basis whatsoever for the maintenance of the inhibition order over the Applicant’s title. 6. This court exercising it authority under section 70 of the Land Registration Act and Section 19 of the ELC Act, directs the relevant Land Registrar to forthwith lift the inhibition order registered on 30th November 2015 on the title to the parcel number Kajiado/Kitengela/4308 pursuant to an order of the court issued in HCC ELC No. 222 of 2015. Orders accordingly. DATED, SIGNED AND DELIVERED AT KAJIADO VIRTUALLY THIS 16TH DAY OF JULY 2026. M.D. MWANGI JUDGE In the virtual presence of: Ms. Njanja Maina for the Applicant N/A by the Respondent Court Assistant: Alex https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4518/eng@2026-07-16 2
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