Brothers of St Gabriel Registered Trustrees v Moturi & another (Environment and Land Case E032 of 2023) [2026] KEELC 5028 (KLR)
The bottom line
#A Kenyan court can order the Deputy Registrar to sign land transfer documents for you if the other party refuses to honour a court-adopted agreement.
What this practically means
#Executive summary
#Key legal issues
#Whether the Deputy Registrar should be authorised to execute transfer documents where the 2nd Defendant refused to perform her obligations under a consent judgement
Yes; the consent was binding, its terms were not conditional, and the 2nd Defendant defaulted under clauses 14 and 15, justifying invocation of clause 18 and section 98 of the Civil Procedure Act
The 2nd Defendant did not deny entering the consent adopted as judgement on 16th December 2025. Her asserted expectation of payment before transferring was inconsistent with the clear, unambiguous terms of the consent, which did not make her obligations conditional on the 1st Defendant's payment. She had legal representation at signing and could not feign ignorance. Clause 18 provided for default, and the court invoked section 98 CPA to nominate the Deputy Registrar to execute and seal the documents.
Legal principles established
#- A consent adopted by the court becomes a consent judgement or order with contractual effect, set aside only on grounds justifying setting aside or where conditions remain unfulfilled
- Where a party neglects or refuses to execute a document required by a decree, the court may nominate a person (including the Deputy Registrar) to execute it under section 98 of the Civil Procedure Act
Court orders
#- 1.The Deputy Registrar of this Court to sign, execute and seal all necessary instruments for withdrawal of caution (form LRA 69), application of Land Control Board consents, and transfer of land forms (LRA 33), to give effect to the judgement/order of the Court dated 16th December 2025
- 2.The signed documents be deemed to have been executed by the 2nd Defendant for all intended purposes
- 3.The Land Registrar Kajiado North (Ngong) Land Registry be directed to register the transfer of L.R No. Ngong/Ngong/13909 into the Applicant's name upon presentation of the duly signed land transaction documents/instruments
- Jurisdiction invoked
- Sections 1A, 1B, 3A & 38 of the Civil Procedure Act; Order 51 rule 1 of the Civil Procedure Rules; section 98 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Brothers of St Gabriel Registered Trustrees v Moturi & another (Environment and Land Case E032 of 2023) [2026] KEELC 5028 (KLR)", Case Analysis (2026). Kajiado ELCLC/E032/2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5028/eng@2026-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.