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ELCOtherNot stated in the judgment· [2026] KEELC 930 (KLR)
Kabiru & Company Advocates v Ole Tayiana (Environment and Land Civil Miscellaneous Application E051 of 2021) [2026] KEELC 930 (KLR)
Environment and Land Court (or High Court as presided over by M.D. Mwangi, Judge, at Kajiado)
19 February 2026
353 words in judgment
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·~1 min to read original · ~4 min briefThe bottom line
#A Kajiado court refused to grant an advocate a charge over subdivided land until proper searches on the new titles are done.
What this practically means
#Executive summary
#This is an interlocutory ruling on an application by an Advocate under Section 52 of the Advocates Act seeking a charging order over a suit property allegedly preserved through his instrumentality. The court noted that Section 52 applies only after the advocate's costs have been taxed, which had occurred in the matter. Ordinarily, the order would be granted where the Advocate established that the suit property was preserved through his instrumentality. However, the application revealed that the title to the suit property, Kajiado/Loodariak/645, had been closed on subdivision as far back as 30th April 2025 and replaced by new subdivided titles. The Advocate had not conducted searches on the resultant subdivisions to establish whether they were registered in the Respondent's name or in the names of third parties, yet he sought a charging order over the original title, the resultant titles, and the drastic remedy of restoration of the title. The court held it would be acting blindly without that critical information and that the Advocate had to establish the extent of the subdivision and how the resultant titles are registered. Rather than determining the application, the court allowed the Advocate time to conduct further searches and granted leave to file a further affidavit attaching those searches, so that the court could make an informed decision. The application was accordingly deferred, not granted or dismissed. No costs order was made.
Key legal issues
#01
Whether a charging order can issue where the title over the suit property has been closed on subdivision
Holding
The application was not determined; the court deferred it pending further searches by the Advocate
Reasoning
The Advocate sought a charging order over a title that had been closed on subdivision and replaced by new titles. Having not searched the resultant subdivisions, it was unclear whether they were registered in the Respondent's name or third parties'. The court held it could not decide the matter without that information and directed further searches and a further affidavit.
p. 2
Legal principles established
#- Section 52 of the Advocates Act applies only after the advocate's costs have been taxed
- An applicant for a charging order over subdivided land must establish how the resultant subdivisions are registered
Court orders
#- 1.The Advocate is allowed time to conduct further searches on the resultant subdivisions
- 2.The Advocate is granted leave to file a further affidavit attaching the searches to enable the court make an informed decision
- Jurisdiction invoked
- Section 52 of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kabiru & Company Advocates v Ole Tayiana (Environment and Land Civil Miscellaneous Application E051 of 2021) [2026] KEELC 930 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/930/eng@2026-02-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.