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ELCDismissedChamber Summons dated 11th March 2025· [2026] KEELC 5183 (KLR)

Matekwa v County Government of Kakamega & 14 others (Judicial Review E001 of 2025) [2026] KEELC 5183 (KLR)

Environment and Land Court
29 July 2026
ANA. NYUKURI
2,472 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court ruled that boundary disputes belong with the Land Registrar first, no matter how a landowner frames their case.

What this practically means

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Executive summary

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The ex parte applicant, registered proprietor of land parcel Butsotso/Indangalasia/1172, sought leave under Order 53 Rule 1 of the Civil Procedure Rules to institute judicial review proceedings for orders of prohibition and mandamus directed at the respondents, with leave to operate as a stay of any establishment, digging or expansion of a road, easement, wayleave or right of way bordering his parcel. He alleged decades-long boundary disputes instigated by the interested parties, interference with boundaries, destruction of his fence and trees, and unlawful subdivision of a deceased's estate. The respondents denied authorising any road expansion, while the interested parties asserted the existence of a long-standing public access road and argued the applicant had failed to exhaust the dispute resolution mechanisms under the Land Registration Act and the Fair Administrative Action Act. The court framed the sole issue as whether the applicant had met the threshold for leave and whether it should operate as a stay. Applying Mirugi Kariuki v Attorney General, Republic v Kenya Revenue Authority ex parte Yaya Towers Limited and Taib A. Taib, the court held that leave requires a prima facie case on reasonable grounds and that stay is a judicious discretionary exercise. The court found the applicant's quarrel was fundamentally a general boundary dispute between parcels 1171 and 1172, which under section 18 of the Land Registration Act and Regulation 40 of the Land Registration (General) Regulations falls to the Land Registrar, not the court, however framed. No actions by the respondents worthy of inhibition were demonstrated. The Chamber Summons was dismissed with no order as to costs, both parties having failed for decades to pursue a conclusive determination of the boundary dispute.

Key legal issues

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01

Threshold for grant of leave to institute judicial review

Holding

An applicant must demonstrate a prima facie case founded on reasonable grounds; leave filters out frivolous, vexatious or hopeless cases

Reasoning

The court applied Mirugi Kariuki v Attorney General and Republic v Kenya Revenue Authority ex parte Yaya Towers Limited, holding that the leave stage is a filtering mechanism. The applicant failed to demonstrate any action by the respondents worthy of being inhibited, and thus no prima facie case was disclosed.

02

Jurisdiction over general boundary disputes

Holding

Section 18 of the Land Registration Act bars the court from hearing boundary disputes over general boundaries, vesting such jurisdiction in the Land Registrar

Reasoning

The court held that the applicant's quarrel with the interested parties over the boundary between parcels 1171 and 1172, and whether a road, wayleave or easement exists, is a boundary dispute. The applicant had not lodged a boundary dispute before the Land Registrar, so mandamus to compel resurvey could not issue. Regulation 40 of the Land Registration (General) Regulations prescribes the procedure.

p. 12
03

Whether leave should operate as a stay

Holding

Whether leave operates as a stay is a matter of judicial discretion to be exercised judiciously; stay preserves the subject matter and prevents the application from being rendered nugatory

Reasoning

Relying on Taib A. Taib v Minister for Local Government, the court noted the purpose of stay in judicial review is to prevent continuation of the decision-making process or suspend implementation of a decision. No actions of the respondents were demonstrated worthy of being inhibited, so no basis for a stay existed.

p. 9

Legal principles established

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  • A boundary dispute cannot be recharacterised as a judicial review dispute; boundary disputes over general boundaries must first be determined by the Land Registrar under section 18 of the Land Registration Act
  • Disputes relating to general boundaries cannot be resolved in the first instance by the Environment and Land Court regardless of the procedural vehicle used

Court orders

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  1. 1.The Chamber Summons dated 11th March 2025 is dismissed
  2. 2.No order as to costs
Jurisdiction invoked
Order 53 Rule 1 of the Civil Procedure Rules - leave to institute judicial review proceedings

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, "Matekwa v County Government of Kakamega & 14 others (Judicial Review E001 of 2025) [2026] KEELC 5183 (KLR)", Case Analysis (2026). Chamber Summons dated 11th March 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5183/eng@2026-07-29

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