Ireri v Murage & 3 others (Civil Appeal (Application) E265 of 2025) [2026] KECA 1067 (KLR) (29 May 2026) (Ruling) Neutral citation: [2026] KECA 1067 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI CIVIL APPEAL (APPLICATION) E265 OF 2025 S OLE KANTAI, LA ACHODE & KATWA KIGEN, JJA MAY 29, 2026 BETWEEN FELISIO NGARI IRERI .......................................................................... APPELLANT AND BERNARD KABATA MURAGE .................................................. 1ST RESPONDENT THE DEPUTY COUNTY COMMISSIONER, MBEERE SOUTH SUBCOUNTY ........................................................................................ 2ND RESPONDENT CABINET SECRETARY, MINISTRY OF LAND AND PHYSICAL PLANNING…3RD RESPONDENT THE HONOURABLE ATTORNEY GENERAL ....................................................................................... 3RD RESPONDENT THE HONOURABLE ATTORNEY GENERAL ........................ 4TH RESPONDENT (Being an appeal from the Judgment of the High Court of Kenya at Embu (K. Bor, J.) delivered on 24th November, 2025 in ELC Judicial Review Application No. 6 of 2019) RULING 1. This is an addendum to a ruling made by the Court on 17th March, 2026. The addendum, made pursuant to a request made by the applicant, through a letter dated 25th March, 2026, is limited only to rectifying the list of the parcels that the said ruling covered. 2. In the said Court’s ruling of 17th March, 2026, allowing the applicant’s Motion dated 17th December, 2025 the parcels are set out at paragraphs 1 and 11, both of which state that the parcels are those resultant from Mbeere/ Kirima/1168, which are namely 6353, 6175, 6328, 7621, 6362, 6444, 7022, https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1067/eng@2026-05-29 1
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7052, 7053, 7116, 7212 and 8132. The said paragraph 11 upon which rectification is being made states that: “In the situation we allow the application as sought. There will be an injunction against the 1st respondent restraining him from transferring, dealing, entering on and/or interfering in anyway with the titles that are resultant of Land Parcel No. Mbeere/Kirima/1168 being Land Parcel No. 6353, 6175, 6328,7621, 6362, 6444, 7022, 7052, 7053, 7116, 7212 and 8132, pending hearing of the Appeal." 3. By the said letter dated 25th March, 2026 the applicants have requested the Court to rectify the list of the parcels intended to be addressed in the said ruling dated 17th March, 2026. It is noted that the applicants’ application which was allowed and upon which the ruling dated 17th December, 2025 was made prayed that: “ That pending the hearing of the pending appeal herein there be an order of injunction against the 1st Respondent restraining him from transferring, dealing, entering on and/ or interfering in any way with the titles that are resultant of Land Parcel No. Mbeere/ Kirima/1168 being land parcel No’s Mbeere/Kirima/6153 to 6175, 6328, 6361, 6362, 6444, 7022, 7052, 7053, 7115, 7116, 7212 and 8132.” 4. The applicant’s said letter dated 25th March, 2026 seeking rectification of the process is indicated to have been served on the respondents. There is an Affidavit of Service sworn on 31st March, 2026, filed, showing the applicants notification to Ms. Ombachi advocates and Attorney General, served on 31st March, 2026. There is no response to the said letter. 5. The court had granted the applicants the prayer in the application. In the situation the court does by this addendum rectify paragraph “1” and “11” so as to set out all the parcels cited by the applicants in their application dated 17th March, 2025 6. The ruling is now to be understood to cover all parcels resultant from Mbeere/Kirima/1168, being 6153 to 6175, 6328, 6361, 6362, 6444, 7022, 7052, 7053, 7115, 7116, 7212 and 8132. 7. For avoidance of doubt Paragraph 11 of the ruling is by this addendum rectified to read that an injunction is issued against the 1st respondent, restraining him from transferring, dealing, entering on and or interfering in any way with titles resultant from Mbeere/Kirima/1168 being parcels No. Mbeere/Kirima/6153 to 6175, 6328, 6361, 6362, 6444, 7022, 7052, 7053, 7115, 7116, 7212 and 8132. 8. Other than the addendum with respect to the parcels at the said paragraphs “1” and “11” the rest of the ruling made on 17th March, 2026 is otherwise unaffected by this addendum. This includes the orders on costs. 9. Parties are at liberty to extract the relevant orders based on this addendum. DATED AND DELIVERED IN NYERI THIS 29TH DAY OF MAY, 2026. S. ole KANTAI ............................ JUDGE OF APPEAL L. ACHODE ............................ https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1067/eng@2026-05-29 2
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JUDGE APPEAL KATWA KIGEN, K. J. ............................ JUDGE OF APPEAL I certify that this is a true copy of the original Signed DEPUTY REGISTRAR https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1067/eng@2026-05-29 3
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