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ELCPartially Allowed· [2025] KEELC 5141 (KLR)

Mukururo & another v County Government of Nakuru & 3 others (Environment and Land Case E017 of 2023) [2025] KEELC 5141 (KLR)

Environment and Land Court
10 July 2025
MOM. A. Odeny
2,839 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court cancelled land subdivisions done without first discharging a bank charge, confirming an LCB consent alone cannot legalize them.

What this practically means

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Executive summary

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The plaintiffs sued over land parcel Dundori/Muguathi Block 1/1640 Wanyororo A, registered in the name of the 2nd plaintiff, Jeremiah Mukururo, who in 2008 entered into an agreement with Bavuni Muguathi Water Project permitting the drilling of a community borehole. The 1st plaintiff, acting for his father, alleged that the land was fraudulently subdivided in 2013 into plots 2932 and 2933 without discharge of an existing charge to Family Bank Limited, and sought a permanent injunction, cancellation of the subdivisions, eviction, damages and costs. The defence case was that the family, through representatives of the four houses, sanctioned the project; the agreement was expressly not a sale; and the plaintiffs, having participated in meetings including one on 17th July 2014 at which the 1st plaintiff received Kshs 40,000 for electricity connection, were estopped from disputing the project. The 1st, 3rd and 4th defendants also denied any interest in the land and questioned the 1st plaintiff's locus standi. The court framed two issues: entitlement to a permanent injunction and cancellation of the subdivisions, and costs. It found the charge to Family Bank Limited had never been discharged, so the purported LCB consent and unregistered mutations could not confer rights to subdivide, and held the subdivisions null and void. The court cancelled the subdivision, restrained the defendants from interfering with the land, and ordered each party to bear their own costs given the community water-benefit nature of the project.

Key legal issues

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01

Validity of subdivision of charged land without discharge of charge

Holding

The subdivision of the suit property, which remained charged to Family Bank Limited with no discharge, was illegal and unenforceable despite an LCB consent

Reasoning

The court found the property was still registered in the name of Jeremiah Mukururo and a certificate of search confirmed an outstanding charge to Family Bank Limited with no evidence of discharge. The discharge of charge is a prerequisite to subdivision; without it the purported subdivision could not confer rights, and although mutations were prepared by a licensed surveyor they were never registered.

p. 6
02

Effect of the 22nd April 2008 agreement

Holding

The agreement was a licence/authorization to drill a borehole, not a sale, so the defendants acquired no proprietary interest in the suit land

Reasoning

The defendants acknowledged the agreement was not a sale and that no plots were allocated to the project. The whole of the suit land remained registered in the name of Jeremiah Mukururo. It follows the plaintiffs are entitled to the suit land and to cancellation of the unauthorized subdivisions.

p. 6

Legal principles established

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  • A Land Control Board consent to subdivide charged land is null and void where there is no discharge of charge from the chargee

Court orders

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  1. 1.An order of cancellation of the subdivision in relation to parcel of land known as Dundori/Muguathi Block 1/1640 Wanyororo A
  2. 2.The defendants are restrained from interfering with the suit land
  3. 3.Each party to bear their own costs

Authorities

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Legislation

  • Constitution of KenyaArticle 40
  • Constitution of KenyaArticle 43(1)(d)
  • Land Registration ActSection 26

Cases cited (8)

  • Linda Chepkorir Ruto & Another v Joseph Yego & 4 others
    ELC Nakuru No 322 of 2018
  • Lucy Wanjiku Mwangi v Chief Land Registrar & 2 others
    ELC No 1 of 2020
  • James Toroitich Kisa v Josephe Njuguna Musa & Another
    ELC Nakuru No 145 of 2013
  • Nairobi Civil Appeal No 465 of 2019
    Nairobi Civil Appeal No 465 of 2019
  • Arthi Highway Developers Limited v West End Butchery Limited & 6 others
    [2015] eKLR
  • Sarah Njeri Mwobi v John Kimani Njoroge
    [2013] eKLR
  • Law Society of Kenya v Commissioner of Lands & Others
    Nakuru High Court Civil Case 464 of 2000
  • Christopher Mutiembu & 3 others v County Surveyor, Trans-Nzoia & 4 others
    (2022) eKLR
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over disputes relating to land (Article 162(2)(b) context; suit commenced by Plaint dated 3rd March 2023)

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, "Mukururo & another v County Government of Nakuru & 3 others (Environment and Land Case E017 of 2023) [2025] KEELC 5141 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5141/eng@2025-07-10

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