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ELCAllowed· [2025] KEELC 7363 (KLR)

Kisvi v Katiku & 4 others (Environment and Land Case E019 of 2024) [2025] KEELC 7363 (KLR)

Environment and Land Court
29 October 2025
EOE. O. Obaga
374 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan landowner won a trespass case after a survey proved neighbours were using an access road through her land without permission.

What this practically means

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Executive summary

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The Plaintiff sued the 1st to 3rd Defendants - the widow, son and daughter-in-law of the deceased owner of LR Makueni/Kako/217 - over an access road allegedly created illegally through her parcel Makueni/Kako/2600 after the Defendants sold LR Makueni/Kako/217 to third parties. She sought closure of the road, a fresh survey to fix the boundary between the two parcels, costs, and any other just relief. The Defendants were duly served but neither entered appearance nor filed a defence, so the suit proceeded by way of formal proof. The Plaintiff testified and produced a survey report dated 29th May 2024, prepared after a Makueni County surveyor visited the two parcels, confirming that the access road used by the Defendants and the purchasers passes through her land and does not exist on the Registry Index Map. She further testified that Defendants resisted an attempt to have a surveyor position the road on the correct side. The court, E. O. Obaga J, held the Plaintiff's uncontroverted evidence proved her case on a balance of probabilities, found that the Defendants were trespassing on the access road on her land, and allowed the claim in terms of prayers 1, 2, 3 and 4. Judgment was dated, signed and delivered via Microsoft Teams on 29th October 2025, with the Plaintiff and court assistant Steve Musyoki present. No authorities were cited in the judgment.

Key legal issues

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01

Trespass by use of an access road across the Plaintiff's registered land

Holding

The court found the access road used by the Defendants lies on the Plaintiff's land and that the Defendants are trespassing

Reasoning

The Plaintiff produced a survey report dated 29th May 2024 from a Makueni County surveyor confirming that the access road passes through her parcel and does not exist on the Registry Index Map. The Defendants, though served, did not enter appearance or file a defence, so the evidence was uncontroverted. On that unchallenged evidence the court was satisfied the claim was proved on a balance of probabilities.

p. 2
02

Determination of the boundary between Makueni/Kako/2600 and Makueni/Kako/217

Holding

The court allowed a fresh survey to ascertain the exact boundary between the two parcels

Reasoning

The Plaintiff sought a fresh survey because the access road did not exist on the Registry Index Map and the Defendants resisted efforts to position it correctly on the ground. The survey report confirmed the encroachment, and the court granted prayers 1 to 4 in full, including the survey.

p. 2

Legal principles established

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  • An uncontroverted claim at formal proof need only be proved on a balance of probabilities, supported by cogent documentary evidence

Court orders

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  1. 1.Closure of the illegal access road passing through the Plaintiff's land parcel Makueni/Kako/2600
  2. 2.A fresh survey to be conducted to ascertain the exact boundary between land parcel Makueni/Kako/2600 and 217
  3. 3.Costs of the suit to the Plaintiff
  4. 4.Any other just relief deemed fit to grant
Jurisdiction invoked
Original civil jurisdiction over land disputes (Environment and Land Court); no specific provision cited in 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, "Kisvi v Katiku & 4 others (Environment and Land Case E019 of 2024) [2025] KEELC 7363 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7363/eng@2025-10-29

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