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ELCDismissedNot stated in the judgment· [2025] KEELC 5438 (KLR)

Kiiru v Gitau & 2 others (Environment and Land Appeal E053 of 2024) [2025] KEELC 5438 (KLR)

Environment and Land Court
22 July 2025
MGM.N. Gicheru
1,081 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court ruled that land boundary disputes between registered parcels must go to the Land Registrar first, not straight to court.

What this practically means

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Executive summary

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The Appellant appealed against the judgment of the learned trial magistrate in Kigumo SPM's Case No. MCELC E007 of 2022 dated 2-12-2024, which had allowed the Respondents' claim as registered owners of L.R. No. Mitubiri/Wempa Block 1/6809, dismissed the Appellant's counterclaim, restrained the Appellant from encroaching on the parcel, and ordered him to vacate by 2-3-2025 failing which eviction would follow with police security. The Appellant contended he had bought 0.5 acres from Jamlick Mwangi Gichohi in 2005 out of the parent title Mitubiri/Wempa Block 1/6418, that his land was erroneously amalgamated into parcel 6809, and that he had acquired an overriding interest and title by adverse possession over 0.5 acres. The court identified two anomalies: the Appellant's title deed showed an area of 0.430 Ha (1.06253 acres), an unexplained increase from the 0.5 acres he claimed to have bought; and the dispute was essentially a boundary dispute between two registered parcels, 6809 and 6810. Applying Section 18(2) of the Land Registration Act, the court held the trial magistrate should not have entertained the dispute and the Respondents should have referred the boundary question to the Land Registrar, with an appeal lying to the Court under Regulation 40(6) of the Land Registration (General) Regulations, 2017. The appeal was dismissed with each party bearing its own costs.

Key legal issues

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01

Whether the court had jurisdiction over what is essentially a boundary dispute between two registered parcels of land

Holding

The trial court lacked jurisdiction; the dispute should have been determined by the Land Registrar under Section 18(2) of the Land Registration Act and Regulation 40 of the Land Registration (General) Regulations, 2017

Reasoning

The Respondents alleged encroachment onto their registered parcel 6809 while the Appellant claimed his parcel 6810 had been amalgamated with 6809. The court held this is a boundary dispute between registered lands. Section 18(2) bars courts from entertaining boundary disputes unless determined by the Land Registrar, and Regulation 40(6) provides the appeal route to the Court thereafter.

p. 3
02

Whether the Appellant proved adverse possession or an overriding interest over 0.5 acres of the suit land

Holding

Not determined on the merits; the appeal failed on jurisdictional grounds, and the Appellant could not explain the unexplained increase in the size of his land from 0.5 acres to 1.06253 acres

Reasoning

The court noted the Appellant claimed to have bought 0.5 acres in 2005, yet his title deed dated 25-10-2016 showed an approximate area of 0.430 Ha (1.06253 acres), an increase the Appellant did not explain. Rather than determine the adverse possession claim, the court disposed of the appeal on the jurisdictional boundary-dispute point.

p. 3

Legal principles established

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  • A court shall not entertain any action or proceeding relating to a dispute as to boundaries of registered land unless the boundaries have been determined in accordance with Section 18 of the Land Registration Act
  • A boundary dispute between registered parcels must first be referred to the Land Registrar, with a right of appeal to the Court within thirty days under Regulation 40(6) of the Land Registration (General) Regulations, 2017

Court orders

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  1. 1.The appeal is dismissed
  2. 2.Each party to bear its own costs
On appeal from
Principal Magistrate's Court, Kigumo
MCELC E007 of 2022
Jurisdiction invoked
Statutory first appeal to the Environment and Land Court; appeal from a decision of the magistrates' court on a land dispute

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, "Kiiru v Gitau & 2 others (Environment and Land Appeal E053 of 2024) [2025] KEELC 5438 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5438/eng@2025-07-22

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