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ELCDismissedNotice of Motion dated 20th March 2024 (in Petition dated 19th October 2020)· [2025] KEELC 7012 (KLR)

Wahome v Kirigi & 2 others (Environment and Land Petition E001 of 2020) [2025] KEELC 7012 (KLR)

Environment and Land Court
16 October 2025
JOJ. O. Olola
1,065 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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By a Notice of Motion dated 20th March 2024, Gladys Wamuyu Wahome, the Interested Party in a concluded Petition, sought orders compelling the District Land Registrar, Nyeri to visit parcels LR No. Kabaru/Ngonde Block II Ngatha/740 and 709, fix beacons and resolve a boundary dispute, and to evict Peter Muthee Kirigi, the 1st Respondent, whom she accused of interfering with boundaries and erecting permanent structures on her parcel. The 1st Respondent opposed the application as frivolous, vexatious and premature, pointing to a pending appeal from the judgment of 9th December 2022 dismissing his Petition challenging the sub-division and transfer of a portion of parcel 709 to the Applicant. The court, J.O. Olola J, observed that the two parcels are adjacent but that the Applicant had adduced no evidence of any prior attempt to resolve the boundary dispute through the Registrar's office as required by section 18 of the Land Registration Act, 2012, which bars courts from entertaining boundary disputes over registered land unless the boundaries have been determined under that section. The court further held that the Applicant could not revisit the already-determined Petition or seek orders on issues that were not previously before the court. The Motion was found to be misconceived and was dismissed with no orders as to costs.

Key legal issues

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01

Jurisdiction over boundary disputes of registered land

Holding

The court lacked jurisdiction because the Applicant had not first pursued boundary determination before the Registrar under section 18 of the Land Registration Act, 2012

Reasoning

The court held that where parcel boundaries have not been fixed in the register, the cadastral map indicates only approximate boundaries, and determination of uncertain boundaries lies with the Registrar under section 18 read with the Survey Act. As the Applicant produced no evidence of having attempted resolution through the Registrar's office, the court could not entertain the boundary claim or the eviction prayers founded on it.

p. 2
02

Whether the application improperly sought to revive a determined Petition

Holding

The Motion was misconceived as it sought to revisit the Petition dismissed on 9th December 2022 and to obtain orders on issues never previously pleaded

Reasoning

The court noted the Petition had been dismissed with a finding that the Petitioner had no valid rights to the suit land. The Applicant, having succeeded in that Petition, could not through a fresh Motion reopen the matter and seek boundary and eviction orders on issues not previously before the court for determination.

p. 3

Legal principles established

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  • A court cannot entertain proceedings relating to a boundary dispute over registered land unless the boundaries have first been determined by the Registrar under section 18 of the Land Registration Act, 2012
  • A party cannot reopen issues arising from a concluded Petition through a fresh application seeking orders on matters not previously before the court

Court orders

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  1. 1.The Motion dated 20th March 2024 was dismissed with no orders as to costs

Authorities

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Legislation

  • Land Registration Act, 2012Section 18
  • Survey ActCap. 299
Jurisdiction invoked
Section 18 of the Land Registration Act, 2012 (boundary dispute jurisdiction vested in the Registrar)

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, "Wahome v Kirigi & 2 others (Environment and Land Petition E001 of 2020) [2025] KEELC 7012 (KLR)", Case Analysis (2025). Notice of Motion dated 20th March 2024 (in Petition dated 19th October 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7012/eng@2025-10-16

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