Konchory v Geem (Environment and Land Appeal E005 of 2025) [2025] KEELC 7066 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed only the first validly allotted plot owner wins when two allotment letters clash, and county governments cannot allocate public land.
What this practically means
#Executive summary
#Key legal issues
#Validity of the Respondent's allotment letter issued by the County Government of Narok
The County Government of Narok had no power to allocate the public land; the Respondent's letter of allotment was a nullity.
Allocation of public land is vested in the National Land Commission under section 12 of the Land Act and Regulation 32 of the Land (Allocation of Public Land) Regulations 2017. No notice of intention to allocate under section 14 of the Land Act was produced, and the letter was not in the prescribed form LA5. The allocation therefore failed both substantive and procedural requirements.
Who is the bonafide allottee of the suit parcel
The Appellant, first in time and regularly allocated in 1996, is the bonafide allottee; the plot was not available for reallocation.
The Appellant exhibited a PDP, allotment letter, allocation minutes and rent receipt showing substantial compliance with the repealed Government Lands Act regime. The plot became alienated upon first allocation and was not available for reallocation under Regulation 32(2); where there is double allocation, the first in time prevails.
Relevance of section 24 of the Land Registration Act to unregistered allotments
Protection of a registered proprietor under section 24 was misplaced because neither party held a title over the suit parcel.
It was undisputed that the suit parcel was unregistered and neither party held a title. Since neither allotment letter had been perfected by registration, submissions invoking indefeasibility under sections 24 and 25 of the Land Registration Act were inapplicable, consistent with Torino Enterprises.
Duties of a first appellate court
A first appellate court must reconsider and evaluate the evidence and draw its own conclusions.
The court restated the classic duty of a first appellate court, citing Selle v Associated Motor Boat, as the basis for its fresh evaluation of the trial evidence before reaching its own findings on the competing allotments.
Legal principles established
#- A letter of allotment confers no transferable interests in land unless and until it is perfected and a title issued.
- Under the repealed Government Lands Act, a Part Development Plan must be drawn and approved before unalienated Government land could be allocated, and a letter of allotment based on the approved PDP issued.
- Where there is double allocation, the first in time prevails.
Court orders
#- 1.The judgment of the trial court is set aside in its entirety
- 2.The court finds that the Appellant is the bonafide allottee of plot No. 595 Lolgorian Town
- 3.The Appellant shall have costs of the Appeal, and costs of the suit and counter-claim in any event
- On appeal from
- Chief Magistrate's Court, Kilgoris
- CMELC Case No. E010 of 2023
- Jurisdiction invoked
- First appellate jurisdiction over a decision of a magistrates' court in an Environment and Land matter
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Konchory v Geem (Environment and Land Appeal E005 of 2025) [2025] KEELC 7066 (KLR)", Case Analysis (2025). Kilgoris CMELC Appeal (from Kilgoris CMELC Case No. E010 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7066/eng@2025-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.