Keremet Ole Tempe(suing on behalf of Loset Ole Nkores Tempei aka Loseet Tempet aka Looset Ole Rorua (deceased)) v Land Registrar Kajiado & another; County Government of Kajiado & 9 others (Interested Parties) [2022] KEELC 1835 (KLR)
The bottom line
#The Environment and Land Court in Kajiado confirmed that the Land Registrar's records and boundary decisions prevail over a landowner's claims unless the owner proves otherwise in court.
What this practically means
#Executive summary
#Key legal issues
#Registered size of L.R. KAJIADO/PURKO/14
The registered size is 400 hectares (988 acres), not 1,500 acres as claimed under the 1955 allocation.
The Land Registrar's uncontroverted evidence established the registered size at 400 hectares. The Petitioner failed to adduce evidence proving a registered area of 1,500 acres. The court noted that anything could have happened between the 1955 allocation and the 1979 registration, and it was for the Petitioner to prove the size he asserted, which he failed to do.
Whether the boundary determination reduced the registered size
It did not; the Registrar merely confirmed the registered boundaries and identified surplus/excess areas.
The court relied on paragraph 12 of the Land Registrar's affidavit and his report of 14th December, 2020, which showed the determination did not reduce the registered size of the parcel. The excess area on the Petitioner's parcel corresponded to a shortfall on the neighbouring parcel, with a disputed area allocated to KAJIADO/PURKO/12.
Whether the boundary determination was fair and constitutional
The determination was fair, lawful and constitutional; all parties were afforded a fair hearing.
All parties were summoned and present during the site visit and were given an opportunity to state their case. The Respondents acted within their mandate under Sections 15–20 of the Land Registration Act and were not obliged to consult the County Government. The Petitioner failed to discharge the burden of proving any violation.
Legal principles established
#- The Land Registrar is the authoritative evidence on the sizes and boundaries of registered land, and his evidence overrides conflicting evidence of a party.
- A party alleging violation of a constitutional right bears the burden of proving that violation.
Court orders
#- 1.The Petition dated 14th January, 2021 is dismissed
- 2.Costs of the Petition awarded to the Respondents and Interested Parties
- Jurisdiction invoked
- Original constitutional jurisdiction (Articles 10, 27, 47, 48, 60, 61 and 64 of the Constitution of Kenya invoked by the Petitioner); boundary dispute under Section 22 of the Land Registration Act, 2012
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Keremet Ole Tempe(suing on behalf of Loset Ole Nkores Tempei aka Loseet Tempet aka Looset Ole Rorua (deceased)) v Land Registrar Kajiado & another; County Government of Kajiado & 9 others (Interested Parties) [2022] KEELC 1835 (KLR)", Case Analysis (2022). Petition dated 14th January, 2021 (Kajiado). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1835/eng@2022-01-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.