Kathungu v Kirore & 3 others [2024] KEELC 4933 (KLR)

Kathungu v Kirore & 3 others (Environment & Land Petition E004 of 2023) [2024] KEELC 4933 (KLR) (24 June 2024) (Ruling)

Neutral citation: [2024] KEELC 4933 (KLR)

Republic of Kenya

In the Environment and Land Court at Narok

Environment & Land Petition E004 of 2023

CG Mbogo, J

June 24, 2024

Between

Kisumba Moses Kathungu

Applicant

and

Peter Siameto Kirore

1st Respondent

Partick Ngigi

2nd Respondent

Land Surveyor - Narok North/South

3rd Respondent

Land Registrar - Narok North/South

4th Respondent

Ruling

1. Pursuant to the ruling delivered on 4th December, 2023, John M. Nganga, the County Valuer filed a report dated 14th February, 2024. I have considered the said report and I note that the County Valuer gave an estimated value of the price of one acre at Kshs. 1,500,000/-. It is immaterial at this stage to consider the acreage of the suit property herein, Cis Mara/ Enabelbel Enengetia/391 as the report indicates a discrepancy on the acreage as per the search certificate against the surveyor’s report.

2. Going by the said report that indicates that the suit property is 6. 42 acres, it would mean that the value of the land does not exceed Kshs. 10,000,000/-. Owing to the pecuniary jurisdiction of the instant case, this is a matter best fit for hearing and determination by the Magistrates’ court.

3. As such, this file is hereby transferred to the Chief Magistrates Court at Narok for hearing and determination. Orders accordingly.

DATED, SIGNED & DELIVERED VIA EMAIL THIS 24TH DAY OF JUNE, 2024. HON. MBOGO C.G.JUDGE24/06/2024.