Murage v Kibira & 3 others (Environment and Land Case 149 of 2015) [2025] KEELC 6674 (KLR)

Number Nairobi Block 83/874 (Plot No. 2 /B67.4 Umoja Innercore Sector III), which he claims is the same as the suit plot thus there is need to put to rest the issue whether that is the case. 3. He contends that no amount of witnesses can solve the challenges of the competing claims and only surveyors’ reports from the 2nd and 3rd Defendants will. He points out that an earlier attempt to resolve the matter failed due to the 3rd Defendant’s refusal to cooperate and come up with a joint report with the 2nd Defendant, thus a report availed by the 2nd Defendant is inconclusive. 4. The Plaintifi submits that since the 2nd and 3rd Defendants are the custodians of the instruments relating to the suit property, they are best placed to prepare and present a report to Court in order to shed light on the contested issue. He relies on the case of Geofirey Mekenye Omasa Suing as the Administrator of the estate of Kasmir Mekenye Omete v County Government of Kisii [2021] eKLR to support his arguments. 5. The application is not opposed. Analysis and Determination 6. Having considered the instant application, supporting afidavit and submissions, the only issue for determination is whether the 2nd and 3rd Defendants should be compelled to produce a joint report to clarify whether Plot No. 2/B67.4 Umoja Inner core and Land Parcel Number Nairobi Block 83/874 (Plot No. CS-70B Umoja Innercore Sector III), refer to the same property. 7. The record indicates that the Plaintifi had sought similar orders directed to the Director of Survey vide his amended Notice of Motion dated 18th August 2021, which was allowed on 17th January 2022 and pursuant to this Court’s orders, a survey report dated 5th April 2024 was filed by 2nd Defendant who observed as follows at paragraph 3 of the report; “ …. Therefore, an analysis as to whether Plot No. 2/B67.4 Umoja Innercore and Land parcel Nairobi Block 83/874 (Plot No. CS-70B Umoja Inner Core Sector III) refer to the same property or not is not possible in the absence of the Nairobi City County providing maps that it holds in respect of Plot No. 2/B67.4 Umoja Inner Core …” 8. From this excerpt, I opine that it is pertinent for the Nairobi County Government to avail their maps in respect to Plot No. 2/B67.4 Umoja Inner Core, to enable the Court efiectually and completely determine the issue in dispute herein. It is worth noting that the Director of Survey and The Nairobi County Government were actually enjoined to this suit pursuant to this Court’s orders of 9th April 2024. 9. Since the instant application is not opposed, noting that it is only a joint survey report from the 2nd and 3rd Defendants that will enable the Court resolve the dispute herein, I find the said application merited and will allow it. 10. In the foregoing, I direct that the 2nd and 3rd Defendants do verify and present a joint report to Court confirming whether the disputed property is Plot No. 2/B67.4 Umoja Inner Core or land parcel Number Nairobi Block 83/874 (Plot No. CS-70B Umoja Innercore Sector III), within ninety (90) days from the date hereof. 11. I so order. DATED SIGNED AND DELIVERED AT NAIROBI THIS 6TH DAY OF OCTOBER, 2025 CHRISTINE OCHIENG https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6674/eng@2025-10-06 2

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JUDGE In the presence of: Nyang for Defendant Ms Mugo for Karanja for Plaintifi Kemunto for 3rd Defendant Court Assistant: Joan https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6674/eng@2025-10-06 3

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