Kariuki c/o Mukuiya – Ngotho Associates Advocates v Biaru & another (Environment and Land Case E108 of 2025) [2026] KEELC 986 (KLR)

Kariuki c/o Mukuiya – Ngotho Associates Advocates v Biaru & another (Environment and Land Case E108 of 2025) [2026] KEELC 986 (KLR) (19 February 2026) (Ruling) Neutral citation: [2026] KEELC 986 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAJIADO ENVIRONMENT AND LAND CASE E108 OF 2025 MD MWANGI, J FEBRUARY 19, 2026 BETWEEN GEORGE NGURE KARIUKI C/O MUKUIYA – NGOTHO ASSOCIATES ADVOCATES ............................................................................................... PLAINTIFF AND JOSEPH WAITUGI BIARU ............................................................. 1ST DEFENDANT KILI OLE SANKAIRE ..................................................................... 2ND DEFENDANT RULING 1. When the Plaintifi and the 2nd Defendant appeared before the court on 18th February 2026, they both, through their Advocates, expressed the need for the District Surveyor and the Land Registrar to be involved in the resolution of the dispute herein. 2. I have carefully perused the pleadings by the parties. The dispute is essentially between the Plaintifi and the 2nd Defendant. Whereas the Plaintifi accuses the 2nd Defendant of leasing his property to the 1st Defendant, the 2nd Defendant in his defence, particularly at paragraph 5 thereof, insists that what he has leased the 1st Defendant is the parcel of land known Kajiado/Olchoro-Onyore/40824 measuring 21.77 ha and not the Plaintifi’s parcels of land Kajiado/Olchoro-Onyore/3448 nor Kajiado/OlchoroOnyore/3449. 3. The court agrees with the parties that the intervention of particularly the District Surveyor is necessary to point out the parcels of land Kajiado/Olchore-Onyore/3448, 3449 and 40824 and establish whether what the 2nd Defendant has leased to the 1st Defendant forms part of the Plaintifi’s land as alleged. That will essentially settle the dispute herein. 4. The court therefore directs the District Land Surveyor, Kajiado West, to visit the site in the presence of the parties and or their surveyors and establish the situation on the ground and file a report in this court in the next sixty (60) days from today’s date. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/986/eng@2026-02-19 1

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