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ELCOtherNot stated in the judgment text supplied· [2026] KEELC 986 (KLR)

Kariuki c/o Mukuiya – Ngotho Associates Advocates v Biaru & another (Environment and Land Case E108 of 2025) [2026] KEELC 986 (KLR)

Environment and Land Court
19 February 2026
MMM.D. Mwangi
284 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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A Kajiado land court ordered an official surveyor to physically verify which parcel was leased, showing surveys can decisively resolve boundary disputes.

What this practically means

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Executive summary

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This short ruling by the Environment and Land Court at Kajiado (M.D. Mwangi, J) arises from an interlocutory appearance on 18th February 2026, when the Plaintiff and the 2nd Defendant, through their Advocates, jointly expressed the need for the District Surveyor and the Land Registrar to be involved in resolving the dispute. The core dispute is between the Plaintiff and the 2nd Defendant: the Plaintiff accuses the 2nd Defendant of leasing the Plaintiff's land to the 1st Defendant, while the 2nd Defendant, in paragraph 5 of his defence, maintains that what he leased to the 1st Defendant is parcel Kajiado/Olchoro-Onyore/40824 measuring 21.77 ha, and not the Plaintiff's parcels Kajiado/Olchoro-Onyore/3448 or 3449. The court agreed that the intervention of the District Surveyor in particular was necessary to point out the three parcels and establish whether the property leased to the 1st Defendant forms part of the Plaintiff's land, observing that this would essentially settle the dispute. The court directed the District Land Surveyor, Kajiado West, to visit the site in the presence of the parties and/or their surveyors, establish the situation on the ground and file a report within sixty days, with the Plaintiff and the 2nd Defendant to meet the survey costs jointly. The ruling is interlocutory; no substantive relief was granted or refused and no costs of the suit were awarded.

Key legal issues

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01

Need for a site visit and surveyor's report to resolve a boundary/identity dispute over leased land

Holding

The court agreed with the parties that the District Surveyor's intervention is necessary to point out the disputed parcels and determine whether the property leased to the 1st Defendant forms part of the Plaintiff's land

Reasoning

The Plaintiff alleges the 2nd Defendant leased the Plaintiff's parcels (3448 and 3449) to the 1st Defendant, while the 2nd Defendant maintains he leased only parcel 40824. The court found that a survey establishing the ground position of the three parcels would essentially settle the dispute, and therefore directed a site visit and a report within sixty days, with survey costs borne jointly by the Plaintiff and 2nd Defendant.

p. 1

Legal principles established

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  • Where a land dispute turns on the identity and boundaries of parcels, the court may direct the District Surveyor to establish the position on the ground and file a report, which may essentially settle the dispute

Court orders

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  1. 1.The District Land Surveyor, Kajiado West, to visit the site in the presence of the parties and/or their surveyors, establish the situation on the ground and file a report in court within sixty (60) days
  2. 2.The Plaintiff and the 2nd Defendant to meet the costs of the survey exercise jointly
Jurisdiction invoked
Original civil jurisdiction over a land dispute (pleadings between plaintiff and defendants); no specific constitutional or statutory provision cited in the judgment text supplied

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, "Kariuki c/o Mukuiya – Ngotho Associates Advocates v Biaru & another (Environment and Land Case E108 of 2025) [2026] KEELC 986 (KLR)", Case Analysis (2026). Not stated in the judgment text supplied. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/986/eng@2026-02-19

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