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ELCAllowedNot stated in excerpt

Murage v Kibira & 3 others (Environment and Land Case 149 of 2015) [2025] KEELC 6674 (KLR)

Environment and Land Court
6 October 2025
761 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court ordered the Director of Survey and Nairobi County to jointly confirm whether two disputed Umoja plots are the same property within 90 days.

What this practically means

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Executive summary

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This was an unopposed interlocutory Notice of Motion dated 12th November 2024 in an ongoing land dispute before the Environment and Land Court at Nairobi, in which the Plaintiff sought orders compelling the 2nd and 3rd Defendants (the Director of Survey and the Nairobi City County Government) to verify and present a report confirming whether Plot No. 2/B67.4 Umoja Inner Core and Land Parcel Number Nairobi Block 83/874 (Plot No. CS-70B Umoja Innercore Sector III) are one and the same property. The Plaintiff argued that his pleadings claim one plot while the 1st Defendant relies on documents over the other parcel, alleging they are identical, and that only surveyors' reports from the custodians of the land instruments could resolve the competing claims. He relied on the Geofirey Mekenye Omasa v County Government of Kisii [2021] eKLR authority. The court framed a single issue: whether the 2nd and 3rd Defendants should be compelled to produce a joint report on the property's identity. Noting that a prior survey report by the 2nd Defendant dated 5th April 2024 was inconclusive because the County had not availed its maps, and that both Defendants had been enjoined by orders of 9th April 2024, Justice Christine Ochieng held the application merited. She directed the 2nd and 3rd Defendants to verify and file a joint report within ninety days, with costs in the cause.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the 2nd and 3rd Defendants should be compelled to produce a joint report to clarify whether Plot No. 2/B67.4 Umoja Inner Core and Land Parcel Number Nairobi Block 83/874 (Plot No. CS-70B Umoja Innercore Sector III) refer to the same property

Key legal issues

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01

Whether the court should compel the 2nd and 3rd Defendants to prepare and present a joint report on the identity of the disputed property

Holding

Yes. The application was unopposed, an earlier report by the 2nd Defendant was inconclusive due to the 3rd Defendant's non-cooperation, and only a joint survey report will enable the court to resolve the dispute.

Reasoning

The court noted the plaintiff had earlier obtained similar orders against the Director of Survey, but the resulting report of 5th April 2024 was inconclusive because the Nairobi City County had not provided its maps. The Director of Survey and the County were both enjoined to the suit by orders of 9th April 2024. As custodians of the relevant instruments and maps, they are best placed to prepare the report, and a joint report is necessary for the court to effectually and completely determine the competing ownership claims.

p. 2

Legal principles established

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  • Where an earlier survey report is inconclusive because a custodian of land records has not availed its maps, the court may direct the relevant public custodians to jointly verify and report on the identity of the suit property to enable effective determination.

Court orders

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  1. 1.The 2nd and 3rd Defendants to verify and present a joint report to Court confirming whether the disputed property is Plot No. 2/B67.4 Umoja Inner Core or Land Parcel Number Nairobi Block 83/874 (Plot No. CS-70B Umoja Innercore Sector III), within ninety (90) days from the date of the order
  2. 2.Costs of the application to be in the cause (as sought and unopposed)

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over a land dispute

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

From this excerpt, I opine that it is pertinent for the Nairobi County Government to avail their maps in respect to Plot No. 2/B67.4 Umoja Inner Core, to enable the Court efiectually and completely determine the issue in dispute herein.
p. 2Need for county land records to resolve property identity dispute
I direct that the 2nd and 3rd Defendants do verify and present a joint report to Court confirming whether the disputed property is Plot No. 2/B67.4 Umoja Inner Core or land parcel Number Nairobi Block 83/874 (Plot No. CS-70B Umoja Innercore Sector III), within ninety (90) days from the date hereof.
p. 2Final orders - joint survey report directive

Issues in the judgment

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minor

Case number and neutral citation are not stated anywhere in the judgment text provided.

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, "Murage v Kibira & 3 others (Environment and Land Case 149 of 2015) [2025] KEELC 6674 (KLR)", Case Analysis (2025). Not stated in excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6674/eng@2025-10-06

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