Board of Management Cheisokwa Secondary School v Khamala (Environment and Land Case 63 of 2020) [2026] KEMC 856 (KLR) (20 August 2026) (Ruling) Neutral citation: [2026] KEMC 856 (KLR) REPUBLIC OF KENYA IN THE BUNGOMA LAW COURTS ENVIRONMENT AND LAND CASE 63 OF 2020 RN MALOBA, SPM AUGUST 20, 2026 BETWEEN BOARD OF MANAGEMENT CHEISOKWA SECONDARY SCHOOL ...................................................................................................... PLAINTIFF AND BONFACE WANGILA KHAMALA ...................................................... DEFENDANT RULING 1. 2. The Application before court is by the Defendant and is dated 7/4/2025. It seeks orders as hereunder: 1. That the County Surveyor be directed to visit and ascertain the actual and accurate boundaries of land Parcel Numbers E. Bukusu/S. Nalondo 7247, 168 and 173 and actual acreages thereof. 2. That the Surveyor to le a comprehensive report in court concerning the actual boundaries of the aforesaid parcels. 3. That costs of the application be provided for. In the grounds in support of this application the following matters were raised: i. That the surveyor made an opinion in the report dated 10/6/2022 that the proprietor of parcel No. 173 seems to have left part of his land adjacent to parcel No. 168. ii. That it is necessary for a fresh survey to be conducted to ascertain the boundaries of land parcel Numbers E. Bukusu/S. Nalondo/7247, 173 and 168 and le a report. iii. That the Defendant/Applicant has all along ben residing on a portion measuring 2 acres and it is fair and just to establish the exact location of the parcel claims by him and the actual boundary thereof. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/856/eng@2026-08-20 1
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3. iv. That the Defendant/Applicant will suer loss and damages if evicted from the land he has been occupying without interruption since the year 1975 and erected houses thereon. v. That it is in the interest of justice that orders be granted. vi. That no prejudice will be suered by the Plainti/Respondent if orders sought are granted. Grounds of opposition dated 30/4/2025 were led by the Plainti (Respondent). These were that: i. Application is misconceived, a nonstarter, bad in law and an abuse of the court process. ii. Discloses no reasonable grounds upon which it can be sustained. iii. The court is functus ocio and lacks jurisdiction to hear the application. iv. The application is an afterthought and is overtaken by events and litigation must come to an end. Issues for Determination 1. Whether there is need for a second surveyor’s report to be led post judgment. 2. Whether the orders sought should be allowed and at whose costs? 3. Who should be awarded costs of this application. Determination 4. This application has been led post judgment delivery and/or entered by the court in favour of the Plainti/Respondent on 14/2/2025. 5. It is thus an application led in anticipation of execution. The Applicant’s fears are that she may be evicted from part of the suit land without proper boundaries thereof being ascertained in reference to the one she is in occupation of. The parcels in issue are 7247, 168 and 173. 6. In view of the matters raised by the Applicant in this application, the court nds that the orders sought are tenable in order to clear the air concerning proper and accurate boundaries respecting those parties. 7. The Plainti/Respondent’s arguments have been considered and although the court agrees that the court is functus ocio in terms of merits of this case, it has not been shown that the re-surveying of the properties mentioned will occasion any injustice to any of the parties. In fact, the same will make things clearer such that, it will be easier for execution to be conducted in the long run. This is because it will remove any doubts in the mind of the parties on where actual boundaries of those parcels lie once the same is done in their presence. 8. Secondly, it will help him to know if his land have been encroached upon by any of the neighbouring parties and in particular those maintained herein. 9. Consequently, I would allow this application and issue orders are follows: 1. That the County Land Surveyor to visit parcel numbers E. Bukusu/S.Nalondo/7247, 168 and 173 and ascertain its actual boundaries and ground acreage. 2. That the County Land Surveyor to le a comprehensive report in court on his ndings within 60 days. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/856/eng@2026-08-20 2
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3. That all registered proprietors of the aforesaid land parcel numbers to be and notied of the date of the scheduled visit so they may attend in person and or through their advocates on record and express their views if any. 4. That the costs of the re-survey to be met fully by the Defendant/Applicant. 5. Costs of this application shall be in cause. HON. R. B. N. MALOBA SPM 20/8/2026 RULING DATED AND DELIVERED THIS 20TH DAY OF AUGUST 2026. In absence of parties who were duly notied of today’s date. HON. R. B. N. MALOBA SPM 20/8/2026 https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/856/eng@2026-08-20 3
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