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ELCPartially AllowedPetition dated 27th May, 2019 (ELC Petition)· [2025] KEELC 804 (KLR)

Kararei & 2 others (Suing on His own Behalf and on Behalf of 15 others) v Sayiaton & 17 others (Environment & Land Petition 18 of 2019) [2025] KEELC 804 (KLR)

Environment and Land Court
25 February 2025
26,610 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~106 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court cancelled trading centre titles held by individual officials but dismissed most claims because key parties were never joined to the case.

What this practically means

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Executive summary

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Eighteen petitioners, members of Siana Group Ranch, petitioned the Environment and Land Court seeking revocation of title deeds over public utilities, cancellation of trading centre titles held by individual officials, cancellation of titles to new group ranches allegedly created within Siana, removal of the group representatives, accounts of funds, and regularization of allocations by the DLASO. They alleged undisclosed allocations of Siana B, allocation of more than the agreed 35 acres to officials and proxies, land left unallocated, and registration of public utilities and trading centres in individual names. The respondents denied the claims, contending the subdivision was lawful and completed by 2012, that the Group Ranch was dissolved, that many parcels had been sold to purchasers for value, and that the petition was brought nine years late, lacked precision and locus, and failed to join necessary parties. The court reviewed the meetings of 2009 to 2012, the constitution of the Group Ranch and the Land (Group Representatives) Act (repealed), and framed three issues: whether the allocation was illegal and unprocedural, whether the reliefs should issue, and costs. It found the petitioners had not proved their claims on a balance of probabilities, noting allegations against persons and entities not joined to the suit, and that no witness proved non-allocation. However, the court was dissatisfied with the registration of trading centres in the names of the 1st to 3rd respondents as trustees, cancelled the nine trading centre title deeds, directed the Community Land Registrar to notify the National Land Commission within 14 days and the Commission to gazette the parcels as public land within 60 days. Each party was ordered to bear its own costs.

Key legal issues

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01

Whether illegal and unprocedural allocation of land was proved in Siana Group Ranch

Holding

Apart from the trading centre registrations, the petitioners failed to prove illegal allocation on a balance of probabilities; allegations against non-parties could not be sustained.

Reasoning

The court traced the amalgamation of Siana A and B, the adoption of the constitution, the dissolution resolution and the subdivision process. It found that allegations against persons such as Stanley Ntutu, churches, schools and new group ranches failed because those parties were never joined, and no person deponed or testified to being denied an allocation.

p. 38
02

Registration of trading centres in the names of the 1st to 3rd respondents as trustees

Holding

The court found such registration inappropriate notwithstanding the claim that it was done on the advice of the DLASO, and cancelled the trading centre title deeds.

Reasoning

Although DW2 and DW3 testified that the officials held the facilities in trust on the advice of the DLASO, the special general meeting of 15th December 2010 confirmed that the land on which the facilities sit belonged to the group members; fairness required registration in the name of the Group Ranch pending consultation.

p. 38
03

Whether the petitioners satisfied the constitutional pleading threshold and exhausted internal mechanisms

Holding

The court found the petitioners had not proved contravention of the cited constitutional provisions and should have engaged the Registrar of Group Representatives earlier.

Reasoning

The respondents argued the petition fell short of Anarita Karimi Njeru precision and that statutory mechanisms under the Land (Group Representatives) Act and the group constitution were available. The court agreed that the claims ought to have been raised with the Registrar at the earliest and found the constitutional claims unproved.

p. 38

Legal principles established

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  • Where land earmarked for trading centres within a dissolved group ranch is registered in the names of individual officials rather than the group, such registration is inappropriate and the titles should be cancelled and the land treated as public land.

Court orders

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  1. 1.That all the title deeds which include Cis-Mara/Siana/971, 1052, 1585, 1896, 2472, 3477, 3639, 3925 and 1714 in respect of all trading centres in Siana Group Ranch registered in the names of individuals are hereby cancelled.
  2. 2.The Community Land Registrar to give notice within 14 days from today's date of the said cancellation to the National Land Commission.
  3. 3.The National Land Commission to gazette the parcels of land in item (i) above as public land within 60 days on receipt of the notice in item (ii) above.
  4. 4.Each party shall bear its own costs.

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 10, 22, 40, 62, 63
  • Land (Group Representatives) Act, Cap 287 (repealed)Sections 8, 10, 13, 25
  • Community Land ActSection 23
  • Land Registration ActSection 26
  • Land Adjudication Act, Cap 284not specified
  • Civil Procedure ActSection 27

Cases cited (11)

  • Maji Moto Group Ranch & others v Mayone David Matunke and others
    Narok ELC Petition No. 268 of 2017 (unreported)
  • Bencaster Investments Limited v John Murithi & 3 others; Attorney General & 5 others (Interested Parties)
    [2020] eKLR
  • Standard Limited & 2 others v Christopher Ndarathi Murungaru
    [2016] eKLR
  • Anarita Karimi Njeru v Republic
    [1979] eKLR
  • Hakiziman Abdoul Abdulkarim v Arrow Motors E.A Ltd & Another
    [2017] eKLR
  • Mumo Matemo v Trusted Society of Human Rights Alliance and 5 others
    [2013] eKLR
  • Speaker of the National Assembly v James Njenga Karume
    [1992] eKLR
  • Patrick Mbabu Karanja v Kenyatta University
    [2012] eKLR
  • Patel 7 Others v Dhanji and Others
    [1975] EA 301
  • Fletcher v Peck
    10 U.S 87 [1810]
  • Peter Tomito & 2 others v Korinko N. Nkoliai & 12 others
    [2018] eKLR
Jurisdiction invoked
Constitutional petition under Articles 22, 40, 62 and 63 of the Constitution read with the Land (Group Representatives) Act, Cap 287 (repealed) and the Community Land Act

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Kararei & 2 others (Suing on His own Behalf and on Behalf of 15 others) v Sayiaton & 17 others (Environment & Land Petition 18 of 2019) [2025] KEELC 804 (KLR)", Case Analysis (2025). Petition dated 27th May, 2019 (ELC Petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/804/eng@2025-02-25

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