Lepartelet (Suing on his behalf and as legal representative of the Estate of Namede Leparteleg) & 7 others v Sirata Oirobi Group Ranch & 15 others (Environment and Land Case E014 of 2025) [2026] KEELC 2191 (KLR)

names were in the oficial register. That in a meeting held on 26.9.2021, they verified the entries in the area list and confirmed that their names, parcel numbers and sizes were in order. However, they later came to learn that the area list presented at the land registry was altered whereby their parcels were given to the 5th-15th defendants, yet they were not consulted or given a hearing. They contend that the aforementioned defendants are yet to take up possessions of the afiected parcels. 3. The application was served, but no response was filed. Should the application then be allowed? A court of Law has a duty in principle to look at what an unopposed application is all about and what it seeks. It is not automatic that for any unopposed application, the Court will as a matter of cause grant the sought orders. See Gideon Sitelu Konchellah v Julius Lekakeny Ole Sunkuli & 2 others [2018] eKLR. 4. In the case at hand, the applicants aver that they had verified the area list and had confirmed that their details regarding names, parcel numbers and sizes were in order, only to learn later that the list was altered. In that regard, I find that the applicants have established a basis for the issuance of the orders in prayer 4. 5. However, on occupation, this court takes cognizance of the fact that land use, utilization and possession in a group ranch is factored on communal basis until the dissolution thereof after the members get individual titles. The transition of individual tenure holding has not been completed, and the court does not have suficient material to indicate which member of the group is occupying which portion. 6. In light of the foregoing analysis, the application is partially allowed in terms of prayer 4 only. Costs thereof shall abide the outcome of the suit. DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 16th DAY OF APRIL 2026 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of: Bedan/Vanessa – Court Assistants Gakenia Gacheru holding brief for Waicungo Martin for Plaintifis Lungwe for Defendants https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2191/eng@2026-04-16 2

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