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ELCDismissedPetition dated 16.1.2023· [2025] KEELC 8502 (KLR)

Lolkidienye & 9 others v Olemiranit (Sued as Chairperson of LongewanGroup Ranch A) & 13 others; Samburu County Government. & another (Interested Parties) (Petition E002 of 2023) [2025] KEELC 8502 (KLR)

Environment and Land Court
3 December 2025
8,567 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 dismissed a challenge to Longewan Group Ranch subdivision because the members proved nothing and individual titles had already legally taken effect.

What this practically means

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Executive summary

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Ten members of Longewan Group Ranch in Samburu County petitioned against the group's Chairperson, Treasurer, Secretary, committee members, the Land Registrar, the Land Adjudication and Settlement Officer, the County Surveyor and County Physical Planner, with the Samburu County Government and National Land Commission as interested parties. They alleged discriminatory and irregular sub-division, survey, demarcation and allocation of the ranch land known as Suguta/Marmar 'A'/8, absence of public participation, failure to provide for public utilities, existence of two conflicting registers, and refusal to furnish registers, seeking declarations of unconstitutionality, a permanent injunction against further titling, damages and costs. They relied heavily on a report of the Director of Land Adjudication & Settlement dated 10.3.2021 recommending dissolution of the group representatives and completion of survey work by June 2021. The 1st-10th respondents maintained the sub-division followed due process with member participation; the 11th and 12th respondents asserted the Registrar acted on complete documentation under Regulation 16 of the Land Regulations, 2017. The court framed four issues: applicable law, tenure status, validity of grievances and available reliefs. Applying the Supreme Court's exposition in Getao v Mokare, it held the ranch was held as a tenancy in common, but found the 1981 mother title was closed on 16.12.2020, creating 419 parcels, so the transition to individual private ownership had crystallised. The petitioners, who were themselves on the register used to generate titles, failed to prove any grievance; the 2021 report was overtaken by events. The petition was dismissed with costs to the 1st-11th respondents.

Key legal issues

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01

Applicable law and tenure status of the group ranch land

Holding

The group was governed by the Land (Group Representatives) Act with Community Land Act transitional provisions; the 1981 title was closed on 16.12.2020 and the land is now private land under individual ownership

Reasoning

The title issued in 1981 under the repealed Registered Land Act conferred absolute ownership on the members as co-owners (tenants in common). The green card showed the title closed on subdivision on 16.12.2020, creating parcels 2750-3169. The Land Registration Act, in force at closure, confers absolute ownership on individual members unless titles are impeached under Section 26. The transition from co-ownership to individual ownership had taken effect.

p. 11
02

Whether the petitioners' grievances (discriminatory allocation, conflicting registers, loss of public utilities, lack of public participation, 500 Ha loss) were proved

Holding

None of the grievances were proved; the petitioners adduced no tangible evidence and are themselves included in the register used to generate titles

Reasoning

The burden under Section 107 of the Evidence Act lay on the petitioners, who elected to proceed by written submissions despite raising factual issues. The register availed by the 11th respondent contains all nine petitioners; the area list provides for public utilities from Nos. 413; no particulars of the 21 members allegedly left landless were given; and the leadership dispute was never taken to the Registrar or Magistrates' court as the primary statute requires.

p. 13
03

Weight to be given to the Director of Land Adjudication & Settlement report of 10.3.2021

Holding

The report's recommendations were overtaken by events and devoid of logic since the title had been closed on 16.12.2020, before the letter was authored

Reasoning

The Director recommended dissolution of the group representatives and completion of survey work by June 2021, failing which the land would transition to community land. However, the survey had been done and the mother title closed on 16.12.2020, creating 419 parcels. Dissolution was a matter for the Registrar under Section 13 of the Land (Group Representatives) Act. Notably, the office which authored the report was itself the 12th respondent, represented by the AG who did not agree with the report.

p. 14
04

Availability of relief given the rights of non-party majority members

Holding

No relief was available; granting it would prejudice the majority of the 412 members who are non-parties

Reasoning

Only 9 of about 412 members petitioned, and the complaint letters were authored by the 1st petitioner with unverified signatures. The enjoyment of petitioners' rights must be weighed against others' rights under Article 24(1). Reliefs affecting registered non-party members would offend fair hearing under Article 50(1). Since the transition to individual ownership had crystallised, the claims were moot.

Legal principles established

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  • Title documents issued to group representatives under the repealed Land (Group Representatives) Act remain in force until new titles issue under the Community Land Act, and dispositions completed before commencement are registered by reference to the law in force at execution
  • A group ranch under the repealed Land (Group Representatives) Act was held by members as a community of ownership (tenancy in common) in equal undivided shares until individual titles crystallised
  • Once the mother title is closed on subdivision and individual parcels are created, legal rights shift with the crystallisation of individual ownership and challenges to the subdivision process become moot
  • A petitioner alleging constitutional violation bears the burden of adducing tangible evidence of the violation; the court is guided by evidence of probative value, not speculation
  • Under Section 13 of the Land (Group Representatives) Act, dissolution of group representatives requires the Registrar's consent and disputes should first go through the statutory dispute-resolution mechanisms

Court orders

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  1. 1.The petition is dismissed
  2. 2.The petitioners to pay costs to the 1st-11th respondents

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 10, 19, 20(1), 20(2), 22, 23(3), 24(1), 25, 26, 27, 28, 35, 40, 47, 50(1), 61, 62, 63, 64, 174, 259 and Part 2 of Schedule 4
  • Registered Land Act (Repealed)Cap 300, Section 30
  • Land (Group Representatives) ActCap 287, Sections 4, 4(2), 5, 7, 8, 9, 10, 13, 17
  • Community Land Act2016, Sections 46(3), 47(4)
  • Land Registration ActSection 26
  • Evidence ActSections 107(1), 109, 112
  • Civil Procedure ActSection 27
  • Land Regulations2017, Regulation 16
  • Environment and Land Court ActSection 13
  • Land Adjudication Act(referenced in the preamble of the Land (Group Representatives) Act)

Cases cited (23)

  • 1711811 Ontario Ltd v Buckley Insurance Brokers Ltd
    2014 ONCA 125
  • Cambie Surgeries Corp. v British Columbia (Medical Services Commission)
    2010 BCCA 396
  • Family Care Ltd v Public Procurement Administrative Review Board & another
    Petition no. 43 of 2012 [2012] eKLR
  • County Government of Tana River v Dakane Shake Bocha & 10 others
    [2021] eKLR
  • Mustano Rocco v Aniello Sterelli
    (2019) eKLR
  • Kitelo & 2 others v County Government of Bungoma & another
    ELC case 10 of 2020 [2022] KEELC 4901 (KLR)
  • Republic v Rosemary Wairimu Munene, ex-parte Applicant v Ihururu Dairy Farmers Cooperative Society Ltd
    Judicial Review application no. 6 of 2014
  • Orix (K) Limited v Paul Kabeu & 2 others
    (2014) eKLR
  • Mugo T 14 Others v Matiang'I & another, Independent Electoral and Boundary Commission of Kenya & 19 others (Interested Party)
    [2022] KEHC 158 (KLR)
  • Communications Commission of Kenya & 5 others v Royal Media Services Limited & 5 others
    [2014] eKLR
  • Leonard Otieno v Airtel Kenya Limited
    [2018]
  • Lt. Col. Peter Ngari Kagume & others v Attorney General
    Constitutional Petition no. 128 of 2006
  • Parkire Stephen Munkasio & 14 others v Kedong Ranch Limited & 8 others
    [2015] KEHC 6239 (KLR)
  • Getao v Mokare & 4 others (John Mbogua Getao v Simon Parkoyiet Mokare & 4 others)
    Petition 9 of 2020 [2021] KESC 36 (KLR)
  • Samson S. Maitai & another v African Safari Club Limited & Another
    [2010] eKLR
  • Simon Tapai Santento Kimnyak Ole Sale v Ita Ole Bulati & 8 others
    [2011] eKLR
  • Bowen v Kwonyike
    Environment and Land Appeal E006 of 2022 [2023] KEELC 17626 (KLR)
  • Kararei & 2 others v Sayiaton & 17 others
    Environment & Land Petition 18 of 2019 [2025] KEELC 804 (KLR)
  • Kelvin & 5 others v Ng'aari Group Ranch & 7 others
    Environment & Land Case E005 of 2020 [2025] KEELC 3051 (KLR)
  • Sile & another v Oloirien Group Ranch
    Environment and Land Petition 6 of 2017 [2025] KEELC 5615 (KLR)
  • Taireni Association of Mijikenda v North Witu Ranching Limited & 9 others; Kipini Wildlife and Botanical Conservatory Trust & 3 others (Interested Parties)
    Petition E13 of 2020 [2023] KEELC 18778 (KLR)
  • Matemu v Trusted Society of Human Rights Alliances & 5 Others
    Civil Appeal 290 of 2012 (2013) KECA 445 (KLR)
  • Jasbir Singh Rai & Others v Tarlochan Singh Rai & 4 Others
    S.C. Petition 4 of 2012 (2014) eKLR
Jurisdiction invoked
Articles 22, 23 and 165 of the Constitution of Kenya, 2010; Section 13 of the Environment and Land Court Act (invoked by petitioners for relief)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Lolkidienye & 9 others v Olemiranit (Sued as Chairperson of LongewanGroup Ranch A) & 13 others; Samburu County Government. & another (Interested Parties) (Petition E002 of 2023) [2025] KEELC 8502 (KLR)", Case Analysis (2025). Petition dated 16.1.2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8502/eng@2025-12-03

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