Ol-Kalou Farmers Co-operative Society Limited v Kabue & another (Environment and Land Judicial Review Case E001 of 2025) [2025] KEELC 8573 (KLR)
The bottom line
#The court refused to order a land resurvey, ruling that disputes already decided must be enforced within the original case, not restarted through fresh applications.
What this practically means
#Executive summary
#Key legal issues
#Whether mandamus may issue against the County Land Surveyor for refusing to conduct a resurvey
The application was unmerited and the orders were declined with costs.
The court accepted it has jurisdiction to issue mandamus to subordinate courts or tribunals but stressed it must act with care and caution not to determine merits of matters before those courts. Mandamus can compel action where a court or tribunal refuses to act, e.g. where a Deputy Registrar refuses to execute documents. Here, the dispute over the boundary had already been litigated and decided in Nyahururu SMPCC No 116 of 2004, and the appeal (ELC Appeal No 3 of 2017) was dismissed. An application to compel execution of the mutation forms was already pending, filed by the 3rd Respondent. Any unexecuted orders must be pursued in that same matter, not through a separate mandamus proceeding.
Status of the underlying dispute over the 1-acre boundary between parcels 879 and 142
The subordinate court declared the Ex-parte Applicant a trespasser, ordered rectification of title to excise one acre from parcel 879 into parcel 142, and that judgment was upheld on appeal.
The trial court (C. K Obara, RM) found on a balance of probabilities that a one-acre portion of parcel 142 was illegally included in parcel 879 and entered judgment in terms of prayers (a) and (b) of the Plaint, with costs and interest, plus a 60-day stay. The Ex-parte Applicant appealed to the ELC at Nyahururu in ELC Appeal No 3 of 2017, which was dismissed with costs. Mutation forms reflecting the correct acreage were prepared and signed by the 3rd Respondent but the Applicant refused to sign them; an application for execution by the Deputy Registrar was to be heard on 7/7/2025.
Legal principles established
#- The High Court/ELC has jurisdiction to issue a writ of mandamus to any court or tribunal below it, but must exercise that power with care so as not to determine the merits of matters pending before those courts
- Mandamus lies to compel a court or tribunal to act where it has refused or failed to act, not to re-open or interfere with matters already decided; execution issues must be raised in the same matter
Court orders
#- 1.The orders sought in the Notice of Motion dated 20/6/2025 are declined with costs
- Jurisdiction invoked
- The court's power to issue an order to any Court or tribunal below it by way of a writ of mandamus
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ol-Kalou Farmers Co-operative Society Limited v Kabue & another (Environment and Land Judicial Review Case E001 of 2025) [2025] KEELC 8573 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8573/eng@2025-12-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.