Tasur v Ololtalam (Environment and Land Appeal E034 of 2024) [2026] KEELC 282 (KLR)
The bottom line
#Kenya's Environment and Land Court in Kilgoris ruled that the appellant's Shartuka Group Ranch land title was validly reinstated, not cancelled, and ordered an official boundary verification.
What this practically means
#Executive summary
#Key legal issues
#Whether the Appellant's title No. Transmara/Shartuka/907 had been validly cancelled
The appeal was merited; the trial magistrate erred in finding that the Appellant's title had been cancelled and was non-existent
The court re-evaluated the record on its first appellate duty. The Kakamega High Court ruling in Misc. Application No. 103 of 2003 quashed the Gazette Notice of 25/07/2003 expunging titles, which reinstated the cancelled titles. Gazette Notice No. 6331 of 2011 then cancelled Gazette Notice No. 501 of 2008 and reaffirmed titles cancelled thereby. The magistrate's contrary reading of the exhibits was wrong.
Which reliefs ought to issue following the finding that the appeal is merited
Rather than dismissing the lower court suit, the court directed a joint boundary verification between parcels Transmara/Shartuka/450 and Transmara/Shartuka/907 using the maps and RIM forwarded under the letter of 30/04/2009, reinstated by Gazette Notice No. 6331/2011
The court tailored relief to the findings on the gazette notices and the letters of 30/04/2009 and 08/10/2010, directing the Land Registrar and Surveyor to verify the ground boundary using the reinstated maps and RIM, and made no order as to costs.
Legal principles established
#- On a first appeal the court is duty bound to reconsider the evidence, evaluate it and draw its own conclusions.
- The Kakamega High Court Misc. Application No. 103 of 2003 quashed the Gazette Notice of 25/07/2003 and thereby had the effect of reinstating the cancelled titles of the Shartuka Group Ranch.
- Gazette Notice No. 6331 of 2011 cancelled Gazette Notice No. 501 of 2008 and reaffirmed as valid all title deeds, green cards and registers cancelled vide that notice, regularising the recall of titles earlier sent for registration.
Court orders
#- 1.Appeal allowed
- 2.The Land Registrar and Surveyor to verify the boundary on the ground between parcel Transmara/Shartuka/450 and Transmara/Shartuka/907 using the additional maps and RIM sent to the District Land Registrar vide the letter dated 30/04/2009, which letter was reinstated by Gazette Notice No. 6331/2011
- 3.Each party to bear its own costs, in the Appeal and in the Lower Court
- On appeal from
- Chief Magistrate's Court at Kilgoris (CMELC No. 128 of 2018)
- MCELC No. 128 of 2018
- Jurisdiction invoked
- First appellate jurisdiction over a decision of the magistrates' court in an environment and land matter
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tasur v Ololtalam (Environment and Land Appeal E034 of 2024) [2026] KEELC 282 (KLR)", Case Analysis (2026). Kilgoris ELC Appeal (from Kilgoris CMELC No. 128 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/282/eng@2026-01-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.