Naniwet & another v Tum & another (Environment and Land Case E016 of 2025) [2026] KEELC 557 (KLR)
The bottom line
#Kenyan courts cannot decide land boundary disputes until the Land Registrar first ascertains and fixes the boundaries under the Land Registration Act.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court has jurisdiction to order re-ascertainment and fixing of boundaries of registered land under Section 18(2) of the Land Registration Act
The Court lacks jurisdiction where boundaries have not been determined by the Land Registrar; the statutory bar in Section 18(2) is operative until the Land Registrar discharges his duty.
The court noted Section 18(2) bars the Court from entertaining boundary disputes unless boundaries have been determined in accordance with that section. Although the Plaintiffs claimed the boundaries had been fixed following a High Court succession order, no evidence of the survey was adduced, and the Plaint's own averments disclosed a boundary dispute arising from removal of beacons. The Plaintiffs had never applied to the Land Registrar, so the application was premature and the Court could not entertain it.
Legal principles established
#- Under Section 18(2) of the Land Registration Act, a party must first apply to the Land Registrar for the ascertainment and fixing of boundaries before approaching the Court.
Court orders
#- 1.The Plaintiffs/Applicants application dated 11th March, 2025 is dismissed with costs
- Jurisdiction invoked
- Sections 1A & 3A of the Civil Procedure Act; Order 51 Rule 4 of the Civil Procedure Rules; Section 13(5) of the Environment and Land Court Act; Article 159 of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Naniwet & another v Tum & another (Environment and Land Case E016 of 2025) [2026] KEELC 557 (KLR)", Case Analysis (2026). Notice of Motion dated 11th March, 2025 (in a suit over Title No. Kericho/Sosiot/3965). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/557/eng@2026-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.