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ELCOtherNot stated in the judgment extract· [2026] KEELC 1013 (KLR)

Selempo v Nchoki & 2 others (Environment and Land Case 70 of 2020) [2026] KEELC 1013 (KLR)

Environment and Land Court
19 February 2026
410 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ruled that land boundary decisions by the Land Registrar must be appealable, so disputes should pause while the Registrar finishes the process.

What this practically means

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Executive summary

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This brief decision of the Environment and Land Court at Kajiado, delivered by M. D. Mwangi J on 19th February 2026, addresses the import of an order made on 25th April 2023 by M N Gicheru J. After the close of the plaintiff's case, Gicheru J had found that the suit was essentially a boundary dispute between LR No. Kajiado/Loodariak/870 and Kajiado/Loodariak/63 and directed the District Land Registrar to determine the boundary and file a report within 90 days, with parties present with their surveyors and advocates. A consent order of 14th May 2024 later permitted parties to file new evidence in reaction to the surveyor's report dated 16th June 2023. Mwangi J found these directions procedurally flawed for two reasons. First, the Land Registrar's boundary decision carries a statutory right of appeal to the court, and filing that decision as a report within the suit strips an aggrieved party of that right. Second, the boundary determination procedure under Rule 40 of the Land Registration (General) Regulations, 2017 is self-executing from lodging of the application to execution of the decision and does not require judicial supervision through a report. The court nonetheless endorsed the referral of the dispute to the Land Registrar under Rule 40 and stayed all further proceedings pending completion of the boundary determination exercise. The case was temporarily closed, with liberty to either party to move the court, and the plaintiff's claim for general damages for trespass may be prosecuted once the boundary determination is complete.

Key legal issues

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01

Effect of the prior court direction that the Land Registrar file his boundary determination as a report to the court

Holding

Filing the Registrar's decision as a report takes away the statutory right of appeal from the Registrar's decision to the court; the direction was procedurally flawed.

Reasoning

The court held that the Land Registrar's boundary determination under Rule 40 is self-executing and that any aggrieved party has a statutory right of appeal to the Environment and Land Court. By directing the Registrar to file the decision as a report within the suit, the prior order converted an appellate-reviewable decision into a court report, extinguishing that right of appeal. The proper mechanism is a stay of the suit pending completion of the Rule 40 process.

p. 2
02

What the court should do pending the boundary determination exercise

Holding

The court should stay further proceedings and temporarily close the case, and parties may thereafter return to prosecute the claim for general damages for trespass.

Reasoning

Since the boundary determination under Rule 40 is self-executing and independent of the suit, the court could not supervise it through a report. The correct course was to refer the dispute to the Land Registrar and stay further proceedings until the exercise is complete, preserving the parties' right of appeal and their ability to resume the suit on damages for trespass.

p. 2

Legal principles established

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  • The decision of the Land Registrar on boundary determination is subject to an appeal before the Environment and Land Court by an aggrieved party, and the court cannot by directing the Registrar's decision be filed as a report take away that statutory right of appeal.
  • The boundary determination procedure under Rule 40 of the Land Registration (General) Regulations, 2017 is self-executing from lodging of the application to execution of the decision.
  • Where a court refers a boundary dispute to the Land Registrar, the proper course is to stay further proceedings pending completion of the boundary determination, after which parties may return to prosecute the remaining claim.

Court orders

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  1. 1.The court stays any further proceedings in this matter awaiting the completion of the boundary determination exercise under Rule 40.
  2. 2.The case will be temporarily closed.
  3. 3.Either party is at liberty to move the court accordingly.
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over the land dispute; supervision of the statutory boundary-determination process under Rule 40 of the Land Registration (General) Regulations, 2017

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, "Selempo v Nchoki & 2 others (Environment and Land Case 70 of 2020) [2026] KEELC 1013 (KLR)", Case Analysis (2026). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1013/eng@2026-02-19

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