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ELCDismissedNot stated (notice of motion dated 2/2/2026 in pending suit)· [2026] KEELC 2440 (KLR)

Matoke v Kenya Commercial Bank Limited & 2 others (Environment and Land Case 127 of 2017) [2026] KEELC 2440 (KLR)

Environment and Land Court
29 April 2026
1,121 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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The court refused to cancel a land title issued after conversion to a new number, telling the owner to fix a name error through the Land Registrar instead.

What this practically means

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Executive summary

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By a notice of motion dated 2/2/2026, the plaintiff, Jeremiah Matoke, sought orders that Title No. Trans Nzoia/Kaplamai/Kachibora Block 14/30, issued to him on 24/9/2025 by the Land Registrar, be recalled and deposited in court for cancellation. He contended that he had purchased 10 acres out of L.R. No. 7847/4, that an unappealed judgment and amended decree required issuance of a title for L.R. No. 7847/7, and that the title issued bore a different parcel number and did not contain his full name as per the transfer form, rendering it illegal and unlinked to him. The County Land Registrar, Philip Makini, opposed the application through a replying affidavit sworn on 21/2/2026, deposing that the original title deed dated 3/11/2023 had been presented and collected by the applicant, and that Trans Nzoia/Kaplamai/Kachibora Block 14/30 (Jasho Farm) is a resultant subdivision following conversion of L.R. No. 7847/7 from the repealed Registration of Titles Act regime to the Land Registration Act. The court set out the legal framework governing conversion and migration of titles, including Article 68 of the Constitution, the Land Act, the Land Registration Act and subsidiary legislation, noting that conversion and migration do not alter the size, ownership or interests in land. The court held there was no basis to recall and cancel a title issued in furtherance of its own decree, and that any name discrepancy should be corrected by a formal administrative application to the Land Registrar. The application was dismissed with no order as to costs, and the file was marked closed. The court also observed that the Registrar should have disclosed the conversion process to the court and the applicant, affirming access to state-held information as a constitutional right.

Key legal issues

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01

Whether a title issued pursuant to a court decree but under a converted title number should be cancelled

Holding

No; the new title number reflects lawful conversion from the repealed Registration of Titles Act regime under the Land Registration Act

Reasoning

The Registrar explained that Trans Nzoia/Kaplamai/Kachibora Block 14/30 (Jasho Farm) is a resultant subdivision following conversion from the original L.R. No. 7847/7 under the repealed Registration of Titles Act. Conversion and migration are statutory processes under Article 68, the Land Act and the Land Registration Act, and do not alter ownership or interests. The title was issued in furtherance of the court's decree, so cancellation would serve no purpose.

p. 2
02

Whether a name discrepancy in the title warrants the orders sought

Holding

No; the proper remedy is a formal administrative application to the Land Registrar for correction of the register

Reasoning

The Registrar deposed that the applicant should have raised the name issue through a formal application for administrative correction. The court adopted this position, granting the applicant liberty to apply formally for correction of the name in the title register rather than cancelling the title.

p. 2
03

Access to information on title conversion and migration

Holding

Access to state-held information is a constitutional right; the Registrar should have shared information on the conversion with the court and applicant

Reasoning

The court noted that conversion may have occurred while the suit was pending and that the Registrar ought to have disclosed this to the court and the applicant. It affirmed that landowners should be able to access information on conversion and migration of titles.

p. 3

Legal principles established

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  • Conversion and migration of titles from repealed land registration statutes are creatures of Article 68 of the Constitution, the Land Act and the Land Registration Act, and do not alter size, ownership or interests in land
  • A party aggrieved by a name error in a converted title should seek administrative correction from the Land Registrar

Court orders

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  1. 1.Application dismissed; no basis found to recall and cancel the title deed issued on 24/9/2025
  2. 2.Applicant at liberty to make a formal application to the Land Registrar for correction of the name in the title register
  3. 3.No order as to costs
  4. 4.File marked closed
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over a post-judgment notice of motion in a land matter

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, "Matoke v Kenya Commercial Bank Limited & 2 others (Environment and Land Case 127 of 2017) [2026] KEELC 2440 (KLR)", Case Analysis (2026). Not stated (notice of motion dated 2/2/2026 in pending suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2440/eng@2026-04-29

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