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ELCPartially AllowedNot stated in the judgment

Lepartelet (Suing on his behalf and as legal representative of the Estate of Namede Leparteleg) & 7 others v Sirata Oirobi Group Ranch & 15 others (Environment and Land Case E014 of 2025) [2026] KEELC 2191 (KLR)

Environment and Land Court
16 April 2026
513 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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A Kenyan court stopped new title deeds from issuing over disputed group ranch land, but refused to evict anyone because group ranch land remains communal until individual titles are issued.

What this practically means

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Executive summary

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This is an interlocutory ruling of the Environment and Land Court at Nyahururu (Lucy N. Mbugua, J) on a notice of motion dated 25.9.2025 filed together with the suit by the plaintiffs, members of the Sirata Oirobi Group Ranch. The plaintiffs sought (a) an order restraining the County Land Registrar, Samburu County from issuing title deeds for eight identified parcels within the Sirata Oirobi Group Ranch to the 5th to 15th defendants, and (b) a temporary injunction restraining the defendants from entering, remaining on, alienating, erecting structures or fencing, or otherwise interfering with the same parcels. The plaintiffs averred that their names appeared in the official register and that at a meeting on 26.9.2021 they verified the area list, but later learned that the list presented at the land registry had been altered, allocating their parcels to the 5th to 15th defendants without consultation or a hearing, and that those defendants had not yet taken possession. The application was served but unopposed. Relying on Gideon Sitelu Konchellah v Julius Lekakeny Ole Sunkuli & 2 others [2018] eKLR, the court held that an unopposed application is not granted automatically. It found the plaintiffs had established a basis for the orders, but declined to grant an occupational restraint because possession in a group ranch is communal until dissolution and individual titling, and there was insufficient material showing which member occupied which portion. The application was partially allowed in terms of prayer 4 only, with costs to abide the outcome of the suit.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether an unopposed application should be granted as a matter of course
  2. 2.Whether the plaintiffs established a basis for issuance of the restraining orders
  3. 3.Whether an order restraining occupation by the defendants was justified given the communal tenure status of the group ranch

Key legal issues

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01

Treatment of unopposed applications

Holding

The court has a duty to examine an unopposed application on its merits before granting orders

Reasoning

Citing Gideon Sitelu Konchellah v Julius Lekakeny Ole Sunkuli & 2 others, the court held that the mere absence of a response does not entitle an applicant to orders; the court must consider what the application is about and what it seeks. The court then assessed the applicants' supporting material before allowing any relief.

p. 2
02

Entitlement to interim relief on the disputed alteration of the adjudication area list

Holding

The plaintiffs established a basis for the issuance of the restraining orders having shown the area list was allegedly altered without consultation or a hearing

Reasoning

The plaintiffs averred that they verified the area list and confirmed their names, parcel numbers and sizes were in order, only to later learn that the list presented at the land registry was altered, with their parcels allocated to the 5th to 15th defendants without consultation or a hearing. The court found this established a basis for the orders in prayer 4.

p. 2
03

Whether an occupational restraint could issue over group ranch land

Holding

No occupational restraint was issued because the group ranch's transition to individual tenure is incomplete and occupancy of specific portions is not established

Reasoning

The court took cognizance that land use, utilization and possession in a group ranch is communal until dissolution after members obtain individual titles. Since the transition of individual tenure holding had not been completed and there was insufficient material showing which member occupied which portion, the court confined relief to prayer 4 only.

p. 2

Legal principles established

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  • An unopposed application is not automatically granted; the court must still examine what the application seeks
  • Possession and use of land in a group ranch is on a communal basis until dissolution and issuance of individual titles

Court orders

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  1. 1.The application is allowed in terms of prayer 4 only, pending hearing and determination of the suit
  2. 2.Costs of the application shall abide the outcome of the suit

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Inherent powers of the Environment and Land Court to grant interim relief pending hearing and determination of the suit

Relief refused

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Order restraining the defendants from entering, remaining, alienating, erecting structures and fencing the suit parcels (occupational restraint)

Land use, utilization and possession in a group ranch is communal until dissolution and transition to individual tenure is complete, and the court lacked material showing which member occupies which portion

p. 2

Costs

Costs thereof shall abide the outcome of the suit.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

It is not automatic that for any unopposed application, the Court will as a matter of cause grant the sought orders.
p. 2Unopposed applications
land use, utilization and possession in a group ranch is factored on communal basis until the dissolution thereof after the members get individual titles
p. 2Communal tenure in group ranches
the application is partially allowed in terms of prayer 4 only. Costs thereof shall abide the outcome of the suit.
p. 2Disposition and costs

Issues in the judgment

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minor

The court disposes of the application 'in terms of prayer 4 only', but only two prayers are reproduced in the ruling and neither is shown to be numbered as prayer 4, making the exact scope of the granted order ambiguous.

minor

The ruling records the meeting in which the plaintiffs verified the area list as held on 26.9.2021, while the application is dated 25.9.2025; the sequence of dates is not explained.

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, "Lepartelet (Suing on his behalf and as legal representative of the Estate of Namede Leparteleg) & 7 others v Sirata Oirobi Group Ranch & 15 others (Environment and Land Case E014 of 2025) [2026] KEELC 2191 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2191/eng@2026-04-16

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