Sekento v Sayo; County Surveyor, Kajiado County & another (Interested Parties) (Environment and Land Case 47 of 2023) [2025] KEELC 7341 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a boundary dispute suit, confirming neighbours must first take such disputes to the Land Registrar, not the courts.
What this practically means
#Executive summary
#Key legal issues
#Whether the Environment and Land Court has jurisdiction over the boundary dispute
The court lacks jurisdiction; boundary disputes over land with general boundaries must first go to the Land Registrar under Section 18(2) of the Land Registration Act
Section 18(2) of the Land Registration Act vests jurisdiction over boundary disputes in the Land Registrar and enjoins courts from entertaining such disputes until the Registrar has determined the boundary. The Court of Appeal in Azzuri Limited and Kemei J in George Kamau Macharia affirm this. The encroachment claim and injunction prayer are peripheral to the boundary dispute and cannot confer jurisdiction by pleading.
Whether the injunction/encroachment prayer confers jurisdiction
No; peripheral relief cannot confer jurisdiction where the substance of the claim is a boundary dispute
Relying on Orange Democratic Movement v Yusuf Ali Mohammed, the court held that jurisdiction flows from the Constitution or legislation, not from pleadings. The substance of the claim being boundary determination, the inclusion of an injunction to restrain interference or encroachment cannot expand the court's jurisdictional competence.
Legal principles established
#- Jurisdiction to hear and determine boundary disputes over registered land with general boundaries is vested in the Land Registrar under Section 18(2) of the Land Registration Act
- A court cannot entertain an action relating to a boundary dispute unless the boundary has first been determined by the Land Registrar
- Jurisdiction is conferred by law and not by pleading; the substance of the claim and relief sought determines a court's jurisdictional competence
Court orders
#- 1.The Plaintiff's suit is struck out for want of jurisdiction
- 2.Each party shall bear its own costs
- Jurisdiction invoked
- Not expressly invoked; determination made on want of jurisdiction under Section 18(2) of the Land Registration Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sekento v Sayo; County Surveyor, Kajiado County & another (Interested Parties) (Environment and Land Case 47 of 2023) [2025] KEELC 7341 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7341/eng@2025-10-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.