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ELCOtherNot stated in the judgment as provided· [2022] KEELC 1038 (KLR)

Abdinasir Abdirahman Mohamed v Chief Land Registrar & 7 others [2022] KEELC 1038 (KLR)

Environment and Land Court
7 March 2021
PNP. M. Njoroge
207 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 sent a Marsabit boundary dispute to the Land Registrar for beacons, giving parties 30 days to settle first.

What this practically means

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Executive summary

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This was a first-instance interlocutory direction by the Environment and Land Court at Isiolo in a boundary dispute over land in Marsabit. From the pleadings, the court observed that the matter involved boundaries, which are the preserve of Land Registrars. On 7 March (recorded variously as 2021 in the delivery line and 7/3/2022 in the directions narrative), counsel for the 1st defendant, Mr. Kimathi for the Attorney General, sought 30 days for the parties to employ ADR to resolve the issues, a proposal supported by Mrs. Otieno for the plaintiff. Counsel further prayed for an order to the Land Registrar and Surveyor in Marsabit to determine the boundary position of Marsabit/Jirme 576 and place beacons thereof. The court granted the parties 30 days to explore settlement once and for all and to report back; directed the County Land Registrar, Marsabit and the County Surveyor, Marsabit to determine the boundary position of Marsabit/Jirme 572 and place beacons thereof within 30 days; ordered that costs be in the cause; and fixed directions for 16/7/2022. No authority or statute was cited and no substantive determination of the dispute was made. The judgment contains two internal inconsistencies: the delivery year (2021 versus 2022) and the parcel number (576 in the prayer versus 572 in the order), both flagged for verification against the official record.

Key legal issues

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01

Forum for boundary disputes

Holding

Boundary disputes fall within the statutory mandate of Land Registrars, not the court in the first instance

Reasoning

The court observed from the pleadings that the dispute concerns boundaries, which the law reserves to Land Registrars. Rather than determine the boundary itself, the court facilitated ADR and directed the County Land Registrar and County Surveyor to fix the boundary and place beacons, with a report back to court.

p. 2
02

Encouragement of ADR in land disputes

Holding

The court granted parties 30 days to attempt settlement and directed the Registrar and Surveyor to place beacons to facilitate that process

Reasoning

On application by counsel for the 1st defendant, supported by counsel for the plaintiff, the court allowed 30 days for ADR and ordered the County Land Registrar and County Surveyor, Marsabit to determine the boundary position of the parcel and place beacons within 30 days, with directions set for 16/7/2022.

p. 2

Legal principles established

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  • Boundary determination is the preserve of Land Registrars

Court orders

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  1. 1.The parties are granted 30 days to explore settlement of this matter once and for all and to report back to court
  2. 2.An order directing the County Land Registrar, Marsabit and the County Surveyor, Marsabit to determine the boundary position of Marsabit/Jirme 572 and to place beacons thereof within 30 days of today
  3. 3.Costs shall be in the cause
  4. 4.Directions on 16/7/2022
Jurisdiction invoked
Not expressly stated; the court proceeded on the basis that boundary determination is the preserve of Land Registrars

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, "Abdinasir Abdirahman Mohamed v Chief Land Registrar & 7 others [2022] KEELC 1038 (KLR)", Case Analysis (2021). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1038/eng@2022-03-07

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