Murimi v Murimi & another (Environment and Land Case 106 of 2023) [2025] KEELC 8262 (KLR) (23 October 2025) (Ruling) Neutral citation: [2025] KEELC 8262 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NYANDARUA ENVIRONMENT AND LAND CASE 106 OF 2023 JM KAMAU, J OCTOBER 23, 2025 BETWEEN PAULINE WAMAITHA MURIMI ........................................................... PLAINTIFF AND VERONICA NYAKINYUA MURIMI ............................................ 1ST DEFENDANT LAND REGISTRAR, NYANDARUA/SAMBURU COUNTIES 2ND DEFENDANT RULING 1 2 Before me is a Report by the Land Registrar Mr S.W Githinji dated 15/5/2025. This was pursuant to the Order of this Court dated 19/3/2025 that: a. The Land Registrar and County surveyor do resurvey the whole parcel of land known as Nyandarua/ Mirangine/ 829, 830,831 and 832 and prepare a comprehensive Report within 45 days. b. The matter will be mentioned in Court on the 8/5/2025 for further directions. The said Reports by the Land Registrar authored after interviewing the various family members read as follows:-There was expectation and belief that the land was 36 acres.They thought the brother of their father was to get 3 acres and 11 acres for every wife.The ground acreage is 26 acres. It was shared such that the brother to get 2 acres instead of 3 acres, wives to get 8 acres instead of 11 and this has no dispute.Veronica was to get Six Acres because she had voluntarily surrendered two acres to Benjamin Njoroge for a favour done to her.Paulina to surrender half Acre to Benjamin in exchange for half an acre Benjamin had bought to ease access to the road.Benjamin Njoroge opens a new access road for himself and Veronica.Benjamin Njoroge closed the former road and built on it a house.The new road that was opened by Benjamin Njoroge is not registered and need to be registered to the wishes of the original owner since the new road has served the four families for over 14 years.The new road is being used by one of the wives of Njoroge is a threat to Veronica.The road needs to be registered to solve https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8262/eng@2025-10-23 1
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this problem.Veronica’s land has an excess of one and a quarter acres.Paulina’s Land has less acreage by one and quarter acre.Benjamin’s land has 10.5 acres and there is no dispute but it has to be afiected in order to solve the problem of Veronica and Pauline.There are two acres reserved for Wainaina who have no dispute. Conclusion The new road needs to be registered because it was granted by Benjamin through action and he also closed the road that was registered. There is no need to demolish the two permanent houses on the old road because the new road that has been in use has acquired an adverse possession status. The boundaries of the land will be adjusted by the surveyor in order for: (i) Veronica to retain her six acres and a road of access as envisioned by the owner of parcel Nyandarua/Melangine/33 (Benjamin Njoroge). (ii) Benjamin family to retain their ten and half acres. (iii) Pauline to have her seven and half acres. The solution is attached by the Surveyor on how the new boundaries will look like taking care of all the permanent structures and households on all the land parcels involved. 3 National Government Surveyor, Mr Franklin M. Muyonga’s Surveyor’s Report observed that: -. The parcel owners get their respective acreages as follows:Registered acreage Actual Acreage on the ground 829 – 2.42 Ha 2.94 Ha 830 – 4.25 Ha 4.17 Ha 831 – 3.04 Ha 2.52 Ha 832. – 0.87 Ha 0.89 Ha The parcels in the subject matter are as a result of the sub-division of parcel No.33 with an acreage of 10.6 Hectares which tallies with the ground.The area of the access road for parcels 829 and 830 on the RIM is 0.08 Hectares while the area on the ground is still the same - 0.08Ha.If the access road on the RIM is implemented on the actual ground, at least 2 permanent houses would have to be demolished to pave way for the access road. 4 Mr Muyonga did attach an actual map for the ground findings and a map for the proposed new buildings which was done by the Land Registrar. Both bear the same date. 5 I directed both Counsel to file their comments on the findings of the 2 senior Government Oficers. The Plaintifi in his comments filed on 2/7/2025 ( but same undated) felt that the Report largely covers the concerns of all the parties concerned and that they should be allowed to engage respective private surveyors during the fixing of the boundaries and in addition, 1. The survey was conducted in the presence of all the parties and their representatives as highlighted in the report who also gave their statements to the surveyor. 2. The report of the surveyor captures clearly the issues touching on the boundaries on the land. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8262/eng@2025-10-23 2
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3. However, the best approach to the fixing of the boundary is to fix it as a straight line from the top of the land to the bottom of the land without having corners to maintain the original intention of the family members that each family should be given a fair share of the land topography. 4. In addition, the registered acreage ought to be implemented as provided for in each individual person’s title. 5. The plaintifi also requests that they be allowed to engage a private surveyor during the fixing of boundaries 6 On the other hand, the 1st Defendant in his own comments dated 12/6/2025 objected to the Report firstly on the ground that she was not involved nor was she present when the survey was conducted, neither was she invited when the work was done. She had been invited on an earlier date when the 2 oficers did not turn up. She further stated that Nyandarua/Mirangine/831 has already been subdivided into 8 pieces and the Title therefore closed. This is not refiected in the Report. Parcels No’s 829 and 830 have no access road. She felt that there ought to be re-orientation so that the sub-divisions are changed to have each parcel touch the roads. She also suggested that the survey work be re-conducted in the presence of independent surveyors. This is a common approach by both parties. 7 This seems to be an exercise that may narrow down issues and which is inescapable and I so order that each party shall choose an independent private surveyor and with a County Surveyor other than Mr Muyonga. They should visit the suit land and within the next 45 days from the date hereof file a joint report and if not separate Reports. This is the Order of this Court. JUDGMENT SIGNED, DATED AND DELIVERED AT NYANDARUA THIS 23RD DAY OF OCTOBER, 2025. HON MUGO KAMAU JUDGE In the presence of: C/A Samson. Mr. Mukire for the Plaintifi. Mr. Gachie for the 1st Defendant. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8262/eng@2025-10-23 3
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