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ELCDismissedNot stated in judgment· [2025] KEELC 7554 (KLR)

Githinji & another v Wairimu & 4 others (Land Case E179 of 2025) [2025] KEELC 7554 (KLR)

Environment and Land Court
3 November 2025
COCHRISTINE OCHIENG
1,992 words in judgment
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The bottom line

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Kenya's Environment and Land Court ruled that a fight over subdividing land into equal shares is not a boundary dispute, allowing the case to proceed.

What this practically means

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Executive summary

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The Plaintiffs sued by plaint dated 10th April 2025 seeking, among other orders, a mandatory injunction compelling the 3rd Defendant to prepare and submit for registration a subdivision plan of LR No. 13330/1092 conforming to existing boundaries, under which each party cedes three metres towards a six-metre access road. The 1st and 2nd Defendants raised a Notice of Preliminary Objection dated 26th September 2025, contending the Court lacked jurisdiction over general and/or uncertain boundary disputes under Section 18(2) of the Land Registration Act, and could only entertain an appeal against the 4th Defendant (Land Registrar)'s Ruling of 10th June 2024 within thirty days under Regulation 40(6) of the Land Registration (General) Regulations. The Plaintiffs responded that they were not aggrieved by the boundary determination itself but by the 1st and 2nd Defendants' unilateral implementation of Clause 2(i) of the Ruling, which required a joint application for subdivision into equal portions, and invoked Section 13(2)(e) of the Environment and Land Court Act. Justice Christine Ochieng applied the Mukisa Biscuit definition of a preliminary objection and IEBC v Jane Cheperenger, and drawing on Estate Sonrisa, held that the dispute was not a boundary dispute but a claim for an equal share of land including ceding of a road, and that the 1st and 2nd Defendants should not have implemented Clause 2(i) without the Plaintiffs' participation. The preliminary objection was dismissed with costs in the cause. Judgment delivered at Nairobi on 3rd November 2025.

Key legal issues

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01

Whether the Environment and Land Court has jurisdiction over a suit concerning subdivision of land and ceding of an access road where a Land Registrar's boundary determination exists

Holding

The preliminary objection fails; the suit is not a boundary dispute and the Court has jurisdiction under Section 13(2)(e) of the Environment and Land Court Act.

Reasoning

Section 18(2) of the Land Registration Act bars courts from entertaining boundary disputes unless determined under the Act. The Land Registrar did determine the boundary in June 2024, and the Plaintiffs are not aggrieved by that determination. Their grievance is the 1st and 2nd Defendants' unilateral implementation of Clause 2(i), which required joint application for subdivision into equal portions. A dispute over subdivision into equal shares and ceding a road is not a boundary dispute, so the Court's original jurisdiction is engaged.

p. 4
02

What constitutes a proper preliminary objection

Holding

A preliminary objection is a point of law pleaded or arising by clear implication from the pleadings which may dispose of the suit (Mukisa Biscuit).

Reasoning

The court applied the classic Mukisa Biscuit definition and the Supreme Court's guidance in IEBC v Jane Cheperenger on the dual purposes of a true preliminary objection - shielding against wasteful deployment of resources and sparing scarce judicial time - before assessing whether the objection met that threshold on jurisdiction.

p. 3

Legal principles established

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  • An issue revolving around subdivision of land into equal shares and ceding of a road is not a boundary dispute within Section 18(2) of the Land Registration Act.
  • A party should not unilaterally implement a Land Registrar's boundary determination recommendation requiring joint participation.

Court orders

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  1. 1.The Notice of Preliminary Objection dated 26th September 2025 is dismissed
  2. 2.Costs will be in the cause
Jurisdiction invoked
Section 13(2)(e) of the Environment and Land Court Act

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, "Githinji & another v Wairimu & 4 others (Land Case E179 of 2025) [2025] KEELC 7554 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7554/eng@2025-11-03

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