Onyango v Masinde & 2 others (Environment and Land Case 14 of 2020) [2026] KEELC 4330 (KLR) (1 July 2026) (Ruling) Neutral citation: [2026] KEELC 4330 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT BUSIA ENVIRONMENT AND LAND CASE 14 OF 2020 CN MUGAMBI, J JULY 1, 2026 BETWEEN CHARLES NAMWIWA ONYANGO ..................................................... APPLICANT AND DOMIANO BARASA MASINDE ................................................. 1ST RESPONDENT FELIX WASIKE MASINDE .......................................................... 2ND RESPONDENT AND ONYANGO MAKOKHA .................................. INTENDED INTERESTED PARTY RULING 1. The application dated 6.5.2026 seeks an order directing the land registrar to cancel title deed L.R. NO. Bukhayo/Buyofu/5020 and 5021 that were created on 10.6.2025 to revert to L.R NO Bukhayo/ Buyofu/615 for purposes of implementation of the court decree which was issued on 29.12.2022. 2. In his supporting afidavit sworn on 6.5.2026, the Applicant has deponed that judgment in this matter was delivered on 29.9.2022 by which the Applicant was granted half of L.R NO Bukhayo/ Buyofu/615. That the Respondent’s attempt to have the order reviewed was dismissed. 3. The Applicant further depones that when he attempted to implement the decree, he found that the land had been sub-divided into L.R NO. Bukhayo/Buyofu/5020 and 5021. 4. I have seen the certificate of oficial search annexed to the Applicant’s afidavit and I note that the Respondents became registered as the owners of the sub-divisions (5020 and 5021) on 10.6.2025. This was obviously long after the judgment in this matter had been delivered and it is obvious that the Respondents are out to short change the Applicant and make the implementation of the decree herein issued an impossibility. After the court delivered the judgment and a decree issued, the land could not thereafter be sub-divided in any manner before taking into consideration the interest of the judgment https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4330/eng@2026-07-01 1
page 1 of 2
creditor. The only land that was properly available to the Respondents to deal with in any manner they pleased was the half portion that remained after removing the half due to the Applicant. 5. In the premises, I do find merits in the application by the Applicant dated 6.5.2026 and proceed to allow the same as prayed. RULING DELIVERED VIRTUALLY THIS 1ST DAY OF JULY 2026 IN THE PRESENCE OF MR OUMA FOR THE APPLICANT AND IN THE ABSENCE OF THE OTHER PARTIES C. MUGAMBI JUDGE 1ST JULY 2026 https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4330/eng@2026-07-01 2
page 2 of 2