Samate v Sempele (Environment and Land Appeal E014 of 2024) (6 August 2026) (Directions) [2026] KEELC 5297 (KLR)
The bottom line
#The Environment and Land Court in Narok dismissed a landowner's appeal, confirming that Plot 113 and Plot 236 are the same plot.
What this practically means
#Executive summary
#Key legal issues
#Identity of the disputed plots
Plot No 113 Block 4, Narok Township is one and the same as Plot LR No 236, and Plot No 109 is Plot No 234 Block 4; the plots are distinct
The court had, on 5th March 2026, suspended the trial court judgment and called for additional evidence under Section 78(1)(d) of the Civil Procedure Act. Levin Kimeu, a Senior Physical Planner, filed a Ground Report dated 12th March 2026 and, upon cross-examination by both counsel, confirmed from the Development Plan that Plot 113 corresponds to parcel 236 and Plot 109 to parcel 234, and that the owner of Plot 236 Block 4 was rightful on his plot.
Whether the trial court's judgment should stand
The trial court correctly found in favour of the Respondent; the appeal is dismissed and the judgment upheld
On the basis of the Ground Report and the Planner's testimony, the court concluded there was no doubt the Respondent owns Plot 113 Block 4 (changed to LR 236), meaning the trial court's findings were correct. It therefore declined to set aside or overturn the judgment and consequential orders, upheld the judgment in its appellate jurisdiction, dismissed the appeal with costs, and vacated the interim suspension order.
Legal principles established
#- A first appellate court may call for additional evidence under Section 78(1)(d) of the Civil Procedure Act, and upon re-evaluation of that evidence may affirm the trial court's judgment
Court orders
#- 1.The Appeal is dismissed with costs to the Respondent
- 2.The order of 5th March 2026 suspending the trial court's judgment of 29th October 2024 is vacated and/or discharged
- 3.The judgment of the trial court dated 29th October 2024 remains in force
- On appeal from
- Chief Magistrate's Court at Narok
- Narok Civil Case No 177 of 2017
- Jurisdiction invoked
- Appellate jurisdiction under Sections 78(1)(d), 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samate v Sempele (Environment and Land Appeal E014 of 2024) (6 August 2026) (Directions) [2026] KEELC 5297 (KLR)", Case Analysis (2026). ELC Appeal No E014 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5297/eng@2026-08-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.