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ELCPartially AllowedELC LA No. E041 of 2024· [2026] KEELC 3142 (KLR)

Chelekesi & 3 others v Chelekesi (Environment and Land Appeal E041 of 2024) [2026] KEELC 3142 (KLR)

Environment and Land Court
13 May 2026
1,525 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This is a first appeal to the Environment and Land Court at Bungoma (K. Bor, J) against the ruling of Hon. T.N. Olando, Principal Magistrate, delivered on 21/8/2024 in Bungoma CM ELC Case No. E063 of 2023, dismissing the Appellants' application seeking cancellation of entries 3 to 8 in the register for E. Bukusu/S. Kanduyi/4089 and upholding the Respondent's preliminary objection. The underlying suit was brought by the Respondent against the Appellants seeking a prohibition order over parcels listed in paragraphs 5, 6 and 7 of the plaint pending a succession cause; judgment was entered in her favour on 20/12/2023. An application dated 13/2/2024 yielded orders that the parcels, including E. Bukusu/S. Kanduyi/4089, be transferred back to the name of the deceased Walter Chelekesi Watila. That order was extracted and registered against the register on 15/2/2024, cancelling entries 3 to 8, even before the application was argued inter partes; the application was later dismissed for want of prosecution, yet the register entry stood. The trial magistrate rejected the Appellants' corrective application on the ground that the register itself had not been produced. On appeal, the court found that the register was on record and confirmed the cancellation of 15/2/2024; that the parcel was indeed part of the suit land under paragraph 6 of the plaint; but that the relief granted by the trial court was a prohibition order, not cancellation of titles. The appeal succeeded partially: the Land Registrar, Bungoma was directed to cancel the entry of 15/2/2024 and replace it with a prohibitory order restraining dealings with the parcel pending the succession cause over the deceased's estate. As a family dispute, each party was to bear its own costs.

Key legal issues

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01

Whether the entry of 15/2/2024 cancelling entries 3 to 8 on the register for E. Bukusu/S. Kanduyi/4089 ought to be removed

Holding

Yes, but only to be substituted with a prohibitory order, since the trial judgment granted a prohibition order, not cancellation of titles

Reasoning

The trial court's judgment of 20/12/2023, which was the basis of the 13/2/2024 order, granted the Respondent's prayers for a prohibition order against the titles in paragraphs 5, 6 and 7 of the plaint pending a succession cause. The registration of an order cancelling entries 3 to 8 went beyond that relief. However, the parcel E. Bukusu/S. Kanduyi/4089 was genuinely part of the suit land under paragraph 6 of the plaint, so the Appellants' names could not simply be reinstated without defeating the judgment; the appropriate correction was a prohibitory entry pending the succession cause.

p. 6
02

Whether E. Bukusu/S. Kanduyi/4089 formed part of the suit land in the plaint

Holding

Yes - contrary to the Appellants' assertion, it was specifically mentioned in paragraph 6 of the plaint

Reasoning

The Appellants argued the parcel was introduced through the back door via the application dated 13/2/2024. The court found the parcel was expressly listed in paragraph 6 of the plaint, and the Respondent confirmed the prayers sought a prohibition order against all titles in paragraphs 5, 6 and 7 pending the succession cause, which was proceeding in the High Court as Succession Cause No. E005 of 2024.

p. 6
03

Whether the trial magistrate erred in finding the land register was not produced to prove the entry of 15/2/2024

Holding

The appeal court found the register was on record and showed the cancellation of entries 3 to 8 on 15/2/2024

Reasoning

The trial magistrate had held that the annexure was only an advocate's letter to the land registrar, not the register. On the first appeal, the court examined the copy of the register, which showed entries 3 to 8 were cancelled on 15/2/2024 pursuant to the order of 13/2/2024, with entries showing registrations by the Appellants, closure of the title and subdivision into new numbers 26909 to 26911.

p. 6

Legal principles established

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  • The relief granted in a plaint defines the orders that may be implemented; a court order extracting more than the relief granted (cancellation of titles where only a prohibition order was prayed for) is irregular.
  • Interim court orders should not be registered against a title before the application is argued inter partes; the register reflects what the judgment actually granted.

Court orders

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  1. 1.The Land Registrar, Bungoma directed to cancel the entry made on 15/2/2024 in the register for E. Bukusu/S. Kanduyi/4089
  2. 2.The register to be replaced with a prohibitory order restraining dealings with E. Bukusu/S. Kanduyi/4089 pending hearing of the succession cause over the estate of the late Walter Chelekesi Watila
  3. 3.Each party to bear its own costs
On appeal from
Bungoma Chief Magistrate's Court (Environment and Land)
Bungoma CM ELC Case No. E063 of 2023
Jurisdiction invoked
First appeal from the magistrates' court under the Environment and Land Court's appellate jurisdiction (Environment and Land Court Act)

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, "Chelekesi & 3 others v Chelekesi (Environment and Land Appeal E041 of 2024) [2026] KEELC 3142 (KLR)", Case Analysis (2026). ELC LA No. E041 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3142/eng@2026-05-13

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