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ELCOtherEnvironment and Land Appeal E006 of 2025· [2025] KEELC 6555 (KLR)

Mbui v Land Registrar, Murang’a & another (Environment and Land Appeal E006 of 2025) (30 September 2025) (Directions) [2025] KEELC 6555 (KLR)

Environment and Land Court
30 September 2025
MGM.N. Gicheru
247 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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When two survey reports on disputed Kenyan land conflict, the court will personally examine both surveyors in open court before deciding which to trust.

What this practically means

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Executive summary

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This is a short directions ruling by M.N. Gicheru, J of the Environment and Land Court at Murang'a in Environment and Land Appeal E006 of 2025, Gerishon Macharia Mbui v Land Registrar, Murang'a and Benson Njenga Marubu, delivered virtually on 30 September 2025. After considering the entire record, and in particular two conflicting survey reports - one by the principal land surveyor dated 20 January 2025 and another by Grishon Kamau of Meridian Mapping dated 29 January 2025 - the judge found it necessary that the authors of the reports appear in court to produce them and be examined on them. The court directed that the two surveyors be served with both reports so that each may advise the court on why the reports differ. Each surveyor was further directed to file the official maps relied upon in preparing their respective reports. Finally, each surveyor was to be prepared to explain the sizes of the disputed parcels on the ground as against the maps and the register. The document issues procedural directions only; it determines no substantive claim, makes no costs order, and cites no authorities or statutes. Counsel Mr. Githae appeared for the appellant and Miss Wahito for the 2nd respondent; the 1st respondent's counsel was absent. The court assistant was Mwangi Njonjo.

Key legal issues

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01

Examination of expert survey evidence

Holding

Where two survey reports conflict, the court requires their authors to appear in person to produce the reports, be examined on them, file the official maps relied on, and explain the sizes of the disputed parcels

Reasoning

The court considered the entire record and two conflicting survey reports - one by the principal land surveyor dated 20 January 2025 and another by Grishon Kamau of Meridian Mapping dated 29 January 2025. Finding the reports divergent, the judge held it necessary to have their authors produce and be examined on them, file the official maps relied upon, and explain the discrepancy in the sizes of the disputed parcels on the ground, in the maps and in the register.

p. 1

Legal principles established

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    Court orders

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    1. 1.The authors of the two survey reports to appear in court to produce the reports and be examined on them
    2. 2.The two surveyors to be served with the two reports so that they may advise the court on why the reports differ
    3. 3.The two surveyors to file the official maps they relied upon in preparing their respective reports
    4. 4.Each surveyor to be prepared to explain the sizes of the disputed parcels on the ground, in the maps and in the register
    Jurisdiction invoked
    Environment and Land Court Act (appeal E006 of 2025); specific provision not stated in the judgment

    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, "Mbui v Land Registrar, Murang’a & another (Environment and Land Appeal E006 of 2025)  (30 September 2025) (Directions) [2025] KEELC 6555 (KLR)", Case Analysis (2025). Environment and Land Appeal E006 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6555/eng@2025-09-30

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