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ELCOtherNot stated in judgment· [2018] KEELC 3733 (KLR)

Sarah Kathini Kamunyu v Makunyi Rwanda & another [2018] KEELC 3733 (KLR)

Environment and Land Court
18 April 2018
370 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan land court ordered government officials to survey disputed boundaries on a fixed date, with police-style security from local administrators to overcome uncooperative landowners.

What this practically means

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Executive summary

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This is a short implementation ruling by the Environment and Land Court at Chuka (P. M. Njoroge, J) arising from orders the court had issued on 15th November, 2017. The Land Registrar, Chuka and the Surveyor-in-charge, Tharaka Nithi Sub County appeared in court to explain their failure to implement those orders. They attributed the non-implementation to the refusal of the owners of the affected parcels of land to cooperate, and to the failure of the chief, though present during their site visit, to provide security. After hearing all pertinent issues, the court directed the District Land Registrar and the District Surveyor in charge, Tharaka South Sub County to implement the orders of 15th November, 2017 on 11th May, 2018. It clarified that, if necessary, boundaries for all parcels emanating from subdivisions of the original parcel No. 218 would be established so that the boundaries of parcels 2789 and 3138 could be ascertained, including parcel 2789 (whose owner is in the USA) and parcel 3232. The officers were to file a joint report within two weeks after 11th May, 2018 and appear in court on 12th June, 2018 to present it, with directions on that date. Costs of the implementation visit were to be shared equally between the plaintiff and the defendant, with general costs in the cause. The plaintiff's advocate, Mr. Murango Mwenda, was to coordinate the implementation, and the Assistant County Commissioner, Tunyai, was directed to provide security on the implementation date. The ruling does not determine the underlying suit; it is a procedural order facilitating enforcement.

Key legal issues

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01

Implementation of prior court orders for boundary establishment where parties and local administration fail to cooperate

Holding

The court directed the District Land Registrar and District Surveyor to implement the orders of 15th November 2017 on 11th May 2018, with the Assistant County Commissioner providing security and the plaintiff's advocate coordinating the exercise.

Reasoning

The Land Registrar and Surveyor explained in court that owners of the affected parcels had refused to cooperate and that the chief, though present when they visited the scene, failed to provide security. The court, after hearing all pertinent issues, facilitated implementation by fixing a date, mandating security from the local administration, allocating implementation costs equally between the parties, and requiring a joint report within two weeks of the implementation visit.

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02

Ascertainment of boundaries of subdivisions of original parcel No. 218

Holding

The court clarified that, if necessary, boundaries of all parcels emanating from subdivisions of the original parcel No. 218 are to be established so that boundaries for parcel numbers 2789 and 3138 can be ascertained, including parcels 2789 and 3232.

Reasoning

The court treated the establishment of the derived parcels' boundaries as a necessary step to ascertaining the boundaries in dispute. It expressly extended the survey exercise to parcels beyond those immediately in dispute where subdivision history made this necessary, and required a joint report by the Land Registrar and Surveyor within two weeks of the exercise, to be presented in court on 12th June 2018.

p. 1

Legal principles established

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  • Where landowners refuse to cooperate and local security is not provided, the court may direct implementation of its orders with security supplied by the local administration and coordinate the exercise through a party's advocate

Court orders

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  1. 1.The District Land Registrar and the District Surveyor in charge, Tharaka South Sub County to implement the court's orders issued on 15th November, 2017 on 11th May, 2018
  2. 2.If necessary, boundaries for parcels of land emanating from subdivisions of the original parcel No. 218 to be established so that boundaries for parcel numbers 2789 and 3138 can be ascertained, including parcels 2789 (owner in the USA) and 3232
  3. 3.The District Surveyor and the District Land Registrar to file their joint report to court within 2 weeks after the 11th of May, 2018
  4. 4.Costs concerning the visit by the surveyor and the Land Registrar and their activities apposite to implementation of the orders to be shared equally between the plaintiff and the defendant
  5. 5.The plaintiff's advocate, Mr. Murango Mwenda, to coordinate all matters germane to the implementation of the orders
  6. 6.The Assistant County Commissioner, TUNYAI, directed to provide security on 11th May, 2018 during the visit to the relevant parcels
  7. 7.The Land Registrar and the Surveyor to be in court on 12th June, 2018 to present their report
  8. 8.Directions on 12th June, 2018
  9. 9.Costs shall be in the cause
Jurisdiction invoked
Continuation/implementation of the court's prior orders of 15th November 2017 in a land matter before the Environment and Land Court

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, "Sarah Kathini Kamunyu v Makunyi Rwanda & another [2018] KEELC 3733 (KLR)", Case Analysis (2018). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3733/eng@2018-04-18

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