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ELCPartially AllowedNotice of Motion Application dated 7th November, 2025· [2026] KEELC 804 (KLR)

Somongi v Kipkemboi & 5 others (Environment and Land Miscellaneous Application E055 of 2025) [2026] KEELC 804 (KLR)

Environment and Land Court
19 February 2026
2,537 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court ordered family members' caution removed from a Uasin Gishu plot, confirming beneficiaries cannot use cautions to block a registered owner.

What this practically means

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Executive summary

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The Applicant, registered proprietor of land parcel Uasin Gishu/Illula Scheme/1107, moved the Environment and Land Court at Eldoret by a Notice of Motion dated 7th November, 2025 seeking removal of a caution lodged by the 1st to 5th Respondents - his wife and children - on 6th September, 2017. He claimed to have purchased the property in 2009, that the cautioners had no legal basis to caution as beneficiaries who never contributed to the purchase, that they had executed Form LRA 69 seeking withdrawal of the caution, and that the 6th Respondent (Land Registrar) refused to act. He relied on Articles 40 and 47 of the Constitution and Section 73(4) of the Land Registration Act, and stated he wished to use the property as loan security. Though served, no Respondent filed a response. The court framed two issues: removal of the caution and costs. Applying Section 73 of the Land Registration Act, the court held the three removal avenues are independent, and applying Joseph Kibowen Chemjor and Maria Ngangi Gwako, held that a family-based beneficiary interest is not protectable by a caution under Section 71, and that the burden lay on the cautioners to justify the caution. The Respondents and the Registrar offered nothing. The court allowed the application: the caution was ordered removed forthwith, the orders to be served on the Land Registrar Uasin Gishu for compliance, and there shall be no orders as to costs.

Key legal issues

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01

Whether the court ought to order removal of the caution lodged by the 1st to 5th Respondents

Holding

Yes. The Applicant, as registered proprietor, was entitled to removal of the caution; the Respondents showed no Section 71 interest and filed no response despite service

Reasoning

The Applicant produced a title deed, prima facie proof of proprietorship under Section 26(1) of the Land Registration Act. The 1st to 5th Respondents claimed only a family-based beneficial interest, which is not among the three categories of interests capable of being protected by a caution under Section 71. The 1st to 5th Respondents had themselves signed an application for withdrawal of the caution and the requisite fee was paid. Despite service, no responses were filed and the Registrar gave no explanation. In the absence of reasonable cause shown, the registered owner was entitled to the orders sought.

p. 5
02

Who shall bear the costs of the suit

Holding

No orders as to costs

Reasoning

Section 27 of the Civil Procedure Act vests costs in the court's discretion, with costs ordinarily following the event. The Applicant was the successful litigant but counsel himself requested either costs in the cause or no order as to costs; since none of the Respondents opposed the application, the court made no order as to costs.

p. 5

Legal principles established

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  • The three ways of removing a caution under Section 73 of the Land Registration Act are independent; a party need not first attempt removal before the Registrar before moving the court
  • A beneficiary's or family member's interest is not protectable by a caution under Section 71 of the Land Registration Act
  • When a caution is objected to by the registered proprietor, the onus is on the cautioner to justify the lodging of the caution

Court orders

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  1. 1.The caution lodged on land parcel Uasin Gishu/Illula Scheme/1107 by the 1st to 5th Respondents on 6th September, 2017 be removed forthwith
  2. 2.The orders issued herein be served upon the Land Registrar Uasin Gishu County for compliance
  3. 3.There shall be no orders as to costs

Authorities

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Legislation

  • Land Registration ActSection 71
  • Land Registration ActSection 73 (including 73(4))
  • Land Registration ActSection 26(1)
  • Constitution of KenyaArticle 40
  • Constitution of KenyaArticle 47
  • Civil Procedure ActSection 27

Cases cited (2)

  • Joseph Kibowen Chemjor vs William C. Kisera
    [2013] KEELC 140 (KLR)
  • Maria Ngangi Gwako vs Charles Mwenzi Ngangi
    (2014) KEHC 7178 (KLR)
Jurisdiction invoked
Section 73(4) of the Land Registration Act; Article 40 and Article 47 of the Constitution

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, "Somongi v Kipkemboi & 5 others (Environment and Land Miscellaneous Application E055 of 2025) [2026] KEELC 804 (KLR)", Case Analysis (2026). Notice of Motion Application dated 7th November, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/804/eng@2026-02-19

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.