Nyariki & another (Suing as the Administrators of the Estate of Henry Nyariki Okara) v Sani & 4 others (Environment and Land Appeal E013 of 2024) [2026] KEELC 457 (KLR)
The bottom line
#A Kenyan court confirmed that roads shown on official Registry Index Maps are public land, and landowners cannot block neighbours from using them.
What this practically means
#Executive summary
#Key legal issues
#Whether a road of access exists between the suit property and Gesima Settlement Scheme/52 leading to Gesima Settlement Scheme/98
The court found on the authoritative RIM that a road of access exists
The court compared the Appellants' unauthenticated 1964 map (DRG No. TPA/77/168) with the Registry Index Map relied on by the Respondents. The RIM is compiled and stamped by Survey of Kenya and is conclusive evidence of its contents under Section 35(3) of the Land Registration Act. The testimony of the Land Registrar and County Surveyor corroborated the RIM. The existence of the road was therefore established.
Whether trespass by the Respondents was established
No trespass was established because the Appellants had no exclusive possessory right over the road of access
The Appellants' complaints centred on activities establishing and opening the road. Since the road of access lawfully existed and is public land under Articles 62(1)(h) and 62(3) of the Constitution, the Appellants could not prove violation of a right to immediate and exclusive possession, which is an essential ingredient of trespass to land.
Whether the parties were entitled to the reliefs sought
The Appellants were not entitled to their reliefs; the First and Fifth Respondents established a case for re-opening of the road but not for damages
Having found the road of access exists as public land, the Appellants' declaration and injunction claims failed. The trial magistrate's directions for the National Land Commission and County Government to open the road were justified by the public nature of the road. However, no damages for trespass lay for either side given the finding on possession.
Who bears the costs of the appeal and cross-appeal
No order as to costs, given the outcome and the familial relationship between the parties
Costs are discretionary and must be exercised judiciously. The trial magistrate ordered each party to bear own costs. The Fifth Respondent testified that the parties are relatives, making that order well founded. The appellate court likewise made no order as to costs in dismissing both the appeal and cross-appeal.
Legal principles established
#- By virtue of Section 35(3) of the Land Registration Act, every entry or note in a register, cadastral map or filed plan is conclusive evidence of the matter it records, and courts are bound to accept the RIM as such
- A survey plan is only valid if authenticated by the Director of Surveys or an authorised Government surveyor; an unauthenticated private document such as a PDP cannot displace the RIM
- Trespass is an injury to a possessory right; the proper plaintiff is the person with title or deemed possession at the time of the trespass
- Public land under Article 62(1)(h) includes all roads and thoroughfares provided for by an Act of Parliament, and vests in the national government in trust for the people, administered by the National Land Commission under Article 62(3)
Court orders
#- 1.The Appellants' appeal is dismissed
- 2.The First and Fifth Respondents' cross appeal is dismissed
- 3.No order as to costs
- On appeal from
- Subordinate Court (Senior Resident Magistrate's Court)
- Plaint dated 12th January 2023
- Jurisdiction invoked
- First appeal from the Subordinate Court to the Environment and Land Court under its appellate jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyariki & another (Suing as the Administrators of the Estate of Henry Nyariki Okara) v Sani & 4 others (Environment and Land Appeal E013 of 2024) [2026] KEELC 457 (KLR)", Case Analysis (2026). Environment and Land Appeal (as per Memorandum of Appeal dated 3rd December 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/457/eng@2026-02-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.