Okech & another v Mangiti (Environment and Land Case E041 of 2021) [2026] KEELC 4830 (KLR)
The bottom line
#Kenya's Environment and Land Court ordered the Deputy Registrar to sign land transfer documents after the losing party refused to cooperate.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Deputy Registrar should execute the transfer documents for the suit properties as prayed by the applicants
- 2.Costs of the application
Key legal issues
#Whether the Deputy Registrar should execute the transfer documents in place of the Respondent
Yes - the application is merited and allowed in terms of prayer 3, and the Deputy Registrar is directed to execute the transfer documents in place of the Respondent
There is a valid decree dated 20th January 2026 directing the Respondent to transfer 2.6 ha of the suit properties to the applicants. The Respondent did not respond to the application, so the facts deposed are admitted. Section 98 of the Civil Procedure Act empowers the court to nominate an officer of the court to execute documents where a party refuses or neglects to do so, so that successful litigants may enjoy the fruits of their litigation. The application is also not time-barred under section 4(4) of the Limitation of Actions Act.
Legal principles established
#- Where a person neglects or refuses to comply with a decree or order directing him to execute a conveyance or document, the court may order that the document be executed by a person it nominates, and such execution operates as if done by the person originally directed
- Facts deposed to in an affidavit that are not controverted by a replying affidavit are taken as admitted
Court orders
#- 1.The application is allowed in terms of prayer 3
- 2.The Deputy Registrar is directed to execute the transfer forms and application for the consent of the Land Control Board in place of the Respondent in respect of land parcels No. Bugumbe/Mabera/1292 and Bugumbe/Mabera/1293 measuring approximately 2.6 Ha and mutation forms, if any, for purposes of their transfer in favour of the Applicants
- 3.Costs of the application awarded to the applicants
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 98 of the Civil Procedure Act
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Therefore, this Court hereby directs the Deputy Registrar to execute the transfer forms and application for the consent of the Land Control Board in place of the Respondent in respect of land parcels No. Bugumbe/Mabera/1292 and Bugumbe/Mabera/1293 all measuring approximately 2.6 Ha and mutation forms, if any, for purposes of their transfer in favour of the Applicants.
a successful party to a suit has the right to enjoy the fruits of his/her litigation.
where a party fails to file an Afidavit to contradict the position of facts as deposed by the opposing or adverse party by an Afidavit the facts deposed to are not controverted, and the adverse party who has not filed the response is taken to have admitted to the facts deposed.
Issues in the judgment
#The name of the Respondent and the 2nd Applicant are not stated in the judgment text, which instead begins with empty numbered paragraphs
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Okech & another v Mangiti (Environment and Land Case E041 of 2021) [2026] KEELC 4830 (KLR)", Case Analysis (2026). Environment and Land Miscellaneous Application (Notice of Motion dated 3rd March 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4830/eng@2026-07-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.