Thuku v All Nations Springs of Life Church (Environment and Land Appeal E023 of 2025) [2026] KEELC 2210 (KLR)
The bottom line
#A Kenyan court threw out a Land Registrar's boundary decision because she skipped the required legal steps and consulted no one before carving an access road from private land.
What this practically means
#Executive summary
#Key legal issues
#Whether the Land Registrar complied with the statutory procedure for establishing and fixing disputed boundaries
The Land Registrar failed to adhere to the elaborate procedure prescribed by Sections 18 and 19 of the Land Registration Act and Regulations 40 and 41 of the Land Registration (General) Regulations, 2017, rendering her decision erroneous and prejudicial
The Regulations prescribe a detailed procedure: application by an interested person, notice to all persons appearing in the register who may be affected, notification of the survey office, hearing all persons, and determination guided by the survey office's recommendation. There was no evidence this procedure was followed, yet the decision reduced the Appellant's parcel by creating an access road. The decision affected the Appellant's rights without proper process, contrary to fair administrative action requirements.
Non-joinder of the Land Registrar as a party to the appeal
Non-joinder of the Land Registrar is a procedural irregularity but not fatal since this is an appeal and not a judicial review
The Respondent argued the appeal was fatally defective because the Land Registrar, whose decision was under appeal, was not enjoined. The court held that since the matter is an appeal rather than a judicial review proceeding, the omission is a mere procedural irregularity that does not vitiate the appeal.
The legal character of boundaries shown on a Registry Index Map
RIMs depict general (approximate) boundaries which are not fixed and are not authorities on boundaries; disputes require going beyond the RIM following statutory procedures
Relying on Abdalla Mohamed Salim, Samuel Wangau and Karanja, the court noted that RIMs generated by general-boundary surveys show only approximate boundaries and situations of parcels. Where a boundary dispute arises, one must go beyond the RIM, and the Land Registrar must act in consultation with the survey office and consult owners of adjacent plots.
Legal principles established
#- The Land Registrar has the mandate to resolve general boundary disputes but must follow the laid-down statutory procedure in consultation with the survey office
- Non-joinder of the Land Registrar in an appeal against her decision is a procedural irregularity but not fatal
- Registry Index Maps reflect only general (approximate) boundaries and are not authorities on boundaries
Court orders
#- 1.The appeal is allowed as prayed
- 2.The Land Registrar's decision of 1st April 2025 is set aside
- 3.A fresh hearing of the dispute is to be scheduled before another Land Registrar other than N. N. Nyangena within 30 days
- 4.Each party to bear their own costs
- On appeal from
- Land Registrar, Nakuru Registry
- Boundary dispute involving Bahati/Engoshura Block 1/780 and Bahati/Engoshura Block 1/938
- Jurisdiction invoked
- Appeal from the Land Registrar's decision under the Land Registration Act, 2012 and the Land Registration (General) Regulations, 2017 (Regulation 40(6)); jurisdiction of the Environment and Land Court under Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Thuku v All Nations Springs of Life Church (Environment and Land Appeal E023 of 2025) [2026] KEELC 2210 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2210/eng@2026-04-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.