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ELCPartially AllowedPetition dated 20th May 2022, amended 2nd August 2022

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)

Environment and Land Court of Kenya
6 February 2026
6,001 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 ruled that blocking a public road is illegal, ordering the barricades removed and confirming public roads cannot be privately owned.

What this practically means

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Executive summary

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By a petition dated 20th May 2022 and amended on 2nd August 2022, about 334 members of the public challenged the blocking by the 5th Respondent of the Muserech-Orinie-Kapsatek road, historically in use since the 1960s and maintained by successive local authorities and counties. The Petitioners sought declarations that the road is a public road and that its blocking is illegal and unconstitutional, mandatory and permanent injunctions to remove and restrain barricades, adoption of a survey report, mandamus against road agencies, and costs. The 1st Respondent (KeRRA) acknowledged an MOU for maintenance but denied the Class 'F' road fell within its mandate under Legal Notice No. 2 of 2016. The Regional Surveyor, Peter Wanyama, testified that the road, the boundary between Nakuru and Baringo Counties, was omitted from the Registry Index Map in error and was rectified in 2011/2012 following a stakeholders' meeting, restoring it as a public road; his report was adopted as part of the judgment. The court framed five issues and held that the road is a public road, that land designated as a public road cannot be privately owned, that the 5th Respondent's blocking without permission under Section 49 of the Kenya Roads Act was illegal, arbitrary and unconstitutional, and that the Class 'F' road falls outside the 1st Respondent's mandate. Most prayers succeeded, but the mandamus against the road authorities was refused as the court cannot issue orders that would confuse road classification implementation. Each party was ordered to bear its own costs as a public interest petition.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Muserech-Orinie-Kapsetek Road is a public road
  2. 2.Whether the suit road, Muserech-Orinie-Kapsatek-Lengenet road, falls under the mandate of the 1st Respondent
  3. 3.Whether the 5th Respondent's action in blocking the road was unlawful
  4. 4.Whether the Petitioners' rights were violated by the blockage of the road, and whether the Petitioners are entitled to the prayers sought
  5. 5.Who bears the costs of the Petition

Key legal issues

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01

Whether the suit road is a public road

Holding

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

Reasoning

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.

p. 9
02

Whether the road falls under the 1st Respondent's mandate

Holding

No - as a Class 'F' road it falls under the county government, not KeRRA

Reasoning

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.

p. 9
03

Whether the 5th Respondent's blocking of the road was unlawful and violated rights

Holding

Yes - blocking a public road without permission is illegal, arbitrary and unconstitutional and infringes the public's rights

Reasoning

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.

p. 10

Legal principles established

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  • 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

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  1. 1.Declaration that the Muserech, Orinie, Kapsatek road is a public road meant to be enjoyed by members of the public
  2. 2.Declaration that the 5th Respondent's action of blocking the road is illegal, arbitral and unconstitutional
  3. 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. 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. 5.Declaration that a public road cannot be arbitrarily privatized without following laid down procedure
  6. 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. 7.Each party to bear their own costs, this being a public interest petition

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

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

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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

p. 12

Costs

Each party to bear their own costs, this being a public interest petition.

Quotable passages

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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.
p. 12disposition - declaration of public road
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.
p. 12disposition - mandatory injunction
Each party to bear their own costs this being a public interest petition.
p. 12disposition - costs
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.
p. 9public roads and private ownership

Issues in the judgment

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minor

Judgment refers to the 8th Respondent inconsistently as both a county entity and the National Land Commission

minor

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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.