Tari v IEBC Isiolo North Constituency Office of Co-ordinator & 2 others (Environment & Land Case E012 of 2021) [2025] KEELC 1448 (KLR)
The bottom line
#The court found the owner had already sold his Isiolo plot to the electoral commission and been paid, so his ownership claim failed completely.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff is the lawful proprietor of the suit property
The court found the Plaintiff was lawfully allocated the property and duly acquired title, as vindicated by the certificate of official search
The Plaintiff produced council minutes approving allotment, a letter of allotment dated 18 February 1999 referencing PDP number ISL/117/98/9, and a lease instrument registered on 10 November 2006. On these documents the court concluded the property was lawfully allocated to and title acquired by the Plaintiff, though he notably never produced the certificate of lease itself.
Whether the Plaintiff entered into and executed a sale agreement with the Electoral Commission of Kenya
Yes - the totality of uncontroverted evidence demonstrates the property was lawfully sold to the Electoral Commission of Kenya
The Plaintiff's signature appeared on the sale agreement and transfer instrument, attested by advocate P. M. Malonza, and was never impugned. The cheque for Kshs 1,100,000 bearing the Plaintiff's signature and I.D. number, marked 'in full payment of the purchase price', was witnessed by PW2 who admitted his signature despite disputing witnessing. The unexplained absence of the certificate of lease supported the inference it was surrendered on completion.
Whether the Plaintiff is entitled to the reliefs sought
No - the suit was dismissed in its entirety, and the court instead cancelled the Plaintiff's registration and ordered rectification in favour of IEBC
Having sold the property and received the purchase price, the Plaintiff could not claim eviction, injunction, trespass damages or rent arrears (the latter being statute barred). Invoking equity, Article 10(2)(b) values and Section 13(7) of the Environment and Land Court Act, the court treated the sale as complete and revoked the Plaintiff's registration in favour of the 3rd Defendant.
Legal principles established
#- Title to landed property comes into existence after issuance of a letter of allotment, meeting the conditions in the letter and issuance of the title document
- Equity treats as done that which ought to have been done and frowns upon unjust enrichment; a vendor who has sold and been paid cannot reclaim the property merely because registration was not completed
Court orders
#- 1.The Plaintiff's suit be and is hereby dismissed
- 2.Costs of the suit be and are hereby awarded to the Defendants
- 3.The registration of the suit property in the name of the Plaintiff be and is hereby revoked and/or cancelled
- 4.The Register in respect of the suit property shall be rectified and the name of the 3rd Defendant, Independent Electoral & Boundaries Commission, shall be registered in lieu of the Plaintiff
- 5.The Land Registrar Isiolo County shall thereafter proceed to and issue the Certificate of Lease in favour of the 3rd Defendant
- Jurisdiction invoked
- Environment and Land Court Act, 2011 (Section 13(7) cited as source of relief-granting power)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tari v IEBC Isiolo North Constituency Office of Co-ordinator & 2 others (Environment & Land Case E012 of 2021) [2025] KEELC 1448 (KLR)", Case Analysis (2025). Isiolo ELC Case (Plaint dated 19 November 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1448/eng@2025-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.