Chebugei & 3 others (Suing on their own behalf and on behalf of all members of the public using the Muserech - Orinie- Kapsatek Road) v Kenya Rural Roads Authority & 4 others (Environment and Land Petition E04 of 2022) [2026] KEELC 526 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled that blocking a public road is illegal, ordering the barricades removed and confirming public roads cannot be privately owned.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Muserech-Orinie-Kapsetek Road is a public road
- 2.Whether the suit road, Muserech-Orinie-Kapsatek-Lengenet road, falls under the mandate of the 1st Respondent
- 3.Whether the 5th Respondent's action in blocking the road was unlawful
- 4.Whether the Petitioners' rights were violated by the blockage of the road, and whether the Petitioners are entitled to the prayers sought
- 5.Who bears the costs of the Petition
Key legal issues
#Whether the suit road is a public road
The road is a public road; it existed on the ground but was omitted from the RIM in error, which was rectified in 2011/2012 following a stakeholders' meeting, and its Class 'F' gazette notice and the Surveyor's report fortified the claim
The definition of a public road under section 2 of the Public Roads and Roads of Access Act was met. The Gazette Notice and the Regional Surveyor's testimony and report, adopted by consent, showed the road pre-existed and was restored to the RIM after proper process. The 5th Respondent adduced no rebutting evidence. Public road land cannot be privately owned.
Whether the road falls under the 1st Respondent's mandate
No - as a Class 'F' road it falls under the county government, not KeRRA
Legal Notice No. 2 of 2016 classifies national Government roads as A, B and C only; the road is Class 'F', which under the road classification framework is a county road. The MOU with the 6th Respondent was only for maintenance works and did not transfer the road to the 1st Respondent, relying on Base Titanium on road agency mandates.
Whether the 5th Respondent's blocking of the road was unlawful and violated rights
Yes - blocking a public road without permission is illegal, arbitrary and unconstitutional and infringes the public's rights
Section 49 of the Kenya Roads Act prohibits erecting structures on a public road without the responsible Authority's written permission; the 5th Respondent neither denied blocking the road nor showed permission. The blockage caused hardship, forcing the public onto a narrow, poorly maintained alternative road, infringing rights of use of public property.
Legal principles established
#- Land designated as a public road cannot be the subject of private ownership and it is illegal for an individual to lay claim to it
- Restriction of the use of a public road infringes the rights of its users
- Erecting structures on a public road without the responsible Authority's written permission is illegal
Court orders
#- 1.Declaration that the Muserech, Orinie, Kapsatek road is a public road meant to be enjoyed by members of the public
- 2.Declaration that the 5th Respondent's action of blocking the road is illegal, arbitral and unconstitutional
- 3.Mandatory injunction compelling the 5th Respondent and any other members of the public to remove all barricaded and blocked portions of the road
- 4.Permanent injunction restraining the 5th Respondent and any other persons from barricading, obstructing, fencing or denying the Petitioners and the public access to and use of the road
- 5.Declaration that a public road cannot be arbitrarily privatized without following laid down procedure
- 6.Adoption of the 2nd and 3rd Respondents' report establishing boundaries and ownership of both sides of the road as part of the judgment
- 7.Each party to bear their own costs, this being a public interest petition
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Constitution of Kenya, 2010 (Articles 20, 21, 22, 23, 24, 40, 43, 47, 60, 62, 66 invoked by Petitioners); Public Roads and Roads of Access Act; Kenya Roads Act; Land Act (s.149)
Relief refused
#Mandamus directing the 6th, 7th and 8th Respondents in collaboration with the 1st Respondent to manage and maintain the road
The 1st Respondent proved the Class 'F' road does not fall within its mandate and the court declined to issue orders that would confuse implementation of the road classification scheme
Costs
Each party to bear their own costs, this being a public interest petition.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
A declaration is hereby made that the Muserech, Orinie, Kapsatek road is a public road meant to be enjoyed by members of the public.
A mandatory injunction is hereby issued compelling the 5th Respondent and any other members of the public to remove all barricaded and blocked portions of the Muserech-OrinieKapsatek road.
Each party to bear their own costs this being a public interest petition.
It is trite that land designated as a public road cannot be the subject of private ownership and it is illegal for an individual to lay claim or attempt to acquire it as the 5th Respondent in this case.
Issues in the judgment
#Judgment refers to the 8th Respondent inconsistently as both a county entity and the National Land Commission
Judgment dated 6th February 2026 narrates evidence given on 30th September 2025, consistent, but disposition dated after submissions of 14th November 2025 - no material contradiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chebugei & 3 others (Suing on their own behalf and on behalf of all members of the public using the Muserech - Orinie- Kapsatek Road) v Kenya Rural Roads Authority & 4 others (Environment and Land Petition E04 of 2022) [2026] KEELC 526 (KLR)", Case Analysis (2026). Petition dated 20th May 2022, amended 2nd August 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/526/eng@2026-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.