Somongi & 3 others v Cheptiony & 8 others
The bottom line
#Kenya's Environment and Land Court ordered a long-stalled land boundary survey to proceed, with police security and survey fees shared between the two disputing landowners.
What this practically means
#Executive summary
#Key legal issues
#Whether the court should mandate the surveyor and land registrar to fix the boundary between the two parcels
Application allowed in terms of prayers 2 and 3; boundary to be fixed with police security provided
The court found the existence of a boundary dispute undisputed and noted that the County Land Surveyor was willing to determine it, his only concerns being security and apportionment of survey fees. The County Surveyor had by letter of March 3, 2023 requested a court order for security. The court therefore granted the orders mandating the survey and directing the OCS Moiben Police Station to provide security during the exercise.
Whether the court has jurisdiction over boundary disputes
The court held that jurisdiction over boundary disputes lies with the land registrar, but it could facilitate the exercise by ordering security and directing the survey
The respondents argued the court lacked jurisdiction over boundary disputes. The court agreed that the jurisdiction to entertain boundary disputes lies with the land registrar, who must fix the boundary in conjunction with the surveyor. However, the court facilitated that statutory process by mandating the survey, ordering police security and apportioning survey fees, rather than determining the boundary itself.
Apportionment of survey costs of Kshs 300,000
Survey fees shared per the County Surveyor's proposal: Kshs 174,500/= by owners of LR 8568/3 and Kshs 125,000/= by owners of LR 8568/1
The County Surveyor had, in a letter dated March 3, 2023 to the Area Chief of Karuna Location, set out the cost of the survey exercise and proposed apportionment. The court adopted that apportionment, directing the owners of LR No 8568/3 to pay Kshs 174,500/= and the owners of LR No 8568/1 to pay Kshs 125,000/=, totalling Kshs 300,000/=. Each party was to bear its own costs of the application.
Legal principles established
#- Jurisdiction to entertain and fix boundary disputes lies with the land registrar, in conjunction with the surveyor
- A court may order security and direct the surveyor and land registrar to establish a boundary where prior attempts have failed
Court orders
#- 1.Allowed the application in terms of prayer 2 - mandating the Surveyor Uasin Gishu County and Land Registrar Uasin Gishu County to carry out fixed boundary dispute between LR No 8568/3 and LR No 8568/1 and file a report in court within 60 days
- 2.Allowed prayer 3 - OCS Moiben Police Station to be served with the order and to provide adequate security during the boundary survey and re-establishment
- 3.Directed that survey fees be shared: owners of LR No 8568/3 to pay Kshs 174,500/= and owners of LR No 8568/1 to pay Kshs 125,000/=
- 4.Each party to bear their own costs of the application
- Jurisdiction invoked
- Environment and Land Court Act jurisdiction over land matters (not expressly cited in the ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Somongi & 3 others v Cheptiony & 8 others", Case Analysis (2023). Environment and Land Miscellaneous Application E015 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21556/eng@2023-11-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.