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ELCPartially AllowedPetition dated 21st June 2024 (Notice of Motion of even date)· [2025] KEELC 8151 (KLR)

Sigunga v County Land Registrar, Busia County & 2 others; County Government of Busia & another (Interested Parties) (Environment and Land Petition E003 of 2024) [2025] KEELC 8151 (KLR)

Environment and Land Court
26 November 2025
BOBoaz N. Olao
1,988 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court forced land officials to release 1965 adjudication records after their unexplained silence, confirming citizens can compel access to state-held land documents.

What this practically means

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Executive summary

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This is a ruling by Olao J of the Environment and Land Court at Busia on the Petitioner's Notice of Motion dated 21st June 2024, seeking orders compelling the Land Registrar, the Land Adjudication & Settlement Officer Busia and the County Surveyor Busia to render a report on the 1965 Marachi Location adjudication boundaries, to produce all adjudication records, maps, demarcation books and green cards for parcels Marachi/Bujumba/9, 10 and 13, and to file and serve copies on the Petitioner. The Petitioner claims ownership of parcels 9 and 10, portions of which were donated for markets but reverted, and alleges that parcel 13 was fraudulently allocated to the Estate of Jacktone Were Okhungo with the connivance of a District Land Registrar. None of the Respondents filed a response or submissions. The County Government of Busia filed a document styled a response to the Petition, which the court held did not comply with Order 51 Rule 14(1) of the Civil Procedure Rules and did not oppose the Motion. Relying on Article 35(1) of the Constitution, Section 80 of the Evidence Act, Section 9 of the Land Registration Act, the Survey Act and the Access to Information Act, the court found that the Respondents had deliberately declined to avail documents in their custody, and allowed the Motion. It directed the Respondents to furnish the records within 60 days at the Petitioner's cost, made no orders as to costs, and fixed mention on 9th February 2026 for directions on the hearing of the Petition.

Key legal issues

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01

Whether an unopposed motion seeking production of State-held adjudication records ought to be allowed

Holding

The court allowed the motion, holding that the Respondents' failure to respond demonstrated deliberate refusal to comply with the law and that the orders were necessary to enable the Petitioner prosecute his Petition

Reasoning

The Petitioner's complaint was the Respondents' denial of information necessary to prosecute his Petition over infringement of his fundamental rights to property. Article 35(1) of the Constitution, Section 80 of the Evidence Act, Section 9 of the Land Registration Act and the Survey Act all place custody and disclosure obligations on the State officials. The Respondents, though duly served and given directions to respond, filed nothing. The court concluded they had deliberately declined to comply with the law without good cause and granted the orders to enable the Petitioner prosecute his case.

p. 5
02

Whether the document filed by the 1st Interested Party was a valid response to the Motion

Holding

The court held it was not, since Order 51 Rule 14(1) of the Civil Procedure Rules permits only a preliminary objection, replying affidavit or statement of grounds of opposition, none of which was filed

Reasoning

The document was styled a response to the Petition, not to the Motion, and no directions had been taken on the Petition. Under Order 51 Rule 14(1) a respondent opposing an application must file a notice of preliminary objection, replying affidavit or statement of grounds of opposition. The document signed by Mr Mabachi Stephen did not fall within any of these categories, so the Motion was effectively unopposed by all Respondents and Interested Parties.

p. 3

Legal principles established

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  • Every citizen has the right of access to information held by the State, and public officers with custody of public documents a person is entitled to inspect must furnish certified copies on demand.
  • Where the State custodians of documents fail to respond to a motion seeking their production without cause, the court will draw the inference of deliberate non-compliance and grant the orders sought.

Court orders

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  1. 1.The 1st, 2nd and 3rd Respondents shall within 60 days from the date of the ruling furnish the Petitioner with records of the Land Adjudication Officers set out on or about 1st January 1965 by the Land Adjudication Officer for the Marachi Location, Adjudication Section, at his cost
  2. 2.The Respondents shall furnish records for the Bumala and Bujumba Adjudication Sections within 60 days at the Petitioner's cost
  3. 3.The Respondents shall furnish all adjudication records, maps, demarcation books, green cards and all other relevant documents in respect of land parcels No Marachi/Bujumba/9, Marachi/Bujumba/10 and Marachi/Bujumba/13 within 60 days at the Petitioner's cost
  4. 4.Mention on 9th February 2026 for directions as to hearing of the Petition; mention notice to issue

Authorities

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Legislation

  • Constitution of KenyaArticle 35(1)
  • Evidence ActSection 80(1) and (2)
  • Land Registration ActSection 9(1) and (2)
  • Survey ActSections 30 and 44
  • Access to Information ActSections 4 and 6
  • Civil Procedure RulesOrder 51 Rule 14(1)
  • Cap 284 Laws of Kenya
Jurisdiction invoked
Article 35(1) of the Constitution (access to information held by the State) read with Section 80 of the Evidence Act, Section 9 of the Land Registration Act, the Survey Act and the Access to Information 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, "Sigunga v County Land Registrar, Busia County & 2 others; County Government of Busia & another (Interested Parties) (Environment and Land Petition E003 of 2024) [2025] KEELC 8151 (KLR)", Case Analysis (2025). Petition dated 21st June 2024 (Notice of Motion of even date). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8151/eng@2025-11-26

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