Republic v Land Registrar Mbeere North & 2 others; Kienge (Ex parte Applicant)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether a fresh survey and re-fixing of boundaries should be ordered where the 2nd Interested Party was absent from the initial site visit and disputes the resulting survey report
Yes - the court allowed a fresh survey and re-fixing of boundaries in the presence of the 2nd Interested Party and his private surveyor
The court found it undisputed that on 04/08/2025 it directed the Respondent and District Surveyor to visit the suit lands and mark boundaries, which produced a report dated 19/11/2025. The 2nd Interested Party was absent due to Kenya Defence Forces work commitments, had notified the Land Registrar and requested rescheduling, which was declined because the office diary was full. He produced a private survey report dated 07/01/2026 by Nthirimano & Associates Ltd that materially differs from the official report. Given his absence, prior notification, the conflicting report, his undertaking to meet expenses, and absence of prejudice to the other parties, the interest of justice favoured a repeat exercise.
Legal principles established
#- Where a party was absent from a boundary demarcation exercise despite notifying the Registrar of unavailability, and produces a conflicting survey report, the interest of justice favours a fresh demarcation absent prejudice to other parties
Court orders
#- 1.The 2nd Interested Party's request for a fresh survey and re-fixing of the boundaries to land parcels Embu/Iriaitune/1835 and Embu/Iriaitune/2572 is allowed
- 2.The Respondent and the District Surveyor shall undertake the exercise in the presence of the 2nd Interested Party and his private surveyor and all the affected parties
- 3.The expenses of the Government Officers shall be met by the 2nd Interested Party
- Jurisdiction invoked
- Judicial review jurisdiction of the Environment and Land Court over the Land Registrar's statutory boundary-fixing duty under Section 19 of the Land Registration Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Land Registrar Mbeere North & 2 others; Kienge (Ex parte Applicant)", Case Analysis (2026). Environment and Land Judicial Review Case E004 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5795/eng@2026-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.