Parkinaro v KInyaro & 4 others [2025] KEELC 5243 (KLR)

Parkinaro v KInyaro & 4 others (Environment & Land Case E018 of 2021) [2025] KEELC 5243 (KLR) (13 June 2025) (Ruling)

Neutral citation: [2025] KEELC 5243 (KLR)

Republic of Kenya

In the Environment and Land Court at Kajiado

Environment & Land Case E018 of 2021

MD Mwangi, J

June 13, 2025

Between

Kitao Rupante Parkinaro

Plaintiff

and

Letesh Par Kinyaro

1st Defendant

Joseph Kiramat Letesh

2nd Defendant

Isaiah Letesh

3rd Defendant

Richard Letesh

4th Defendant

Stanley Letesh

5th Defendant

(In respect of the application by the parties for an order compelling the Land Registrar to resurvey the suit parcels)

Ruling

1. On 6th March 2023, Gicheru J issued an order directing the District Land Registrar Kajiado to resurvey the suit parcels, the subject matter of this suit and to submit a report within 60 days. This order was issued with the concurrence of the parties.

2. Pursuant to the said order, a report was indeed submitted by the Land Registrar, dated 8th April 2024. The parties however are dissatisfied with the said report. Both sides are in agreement that the report does not address the issues that it was supposed to; it therefore does not serve the intended purpose. They seek orders to compel the Land Registrar to repeat the exercise and submit another report.

3. A careful look at the order issued by my predecessor indicates that it merely directed the Land Registrar to resurvey the suit parcels with giving any particulars of the issues that the Land Registrar was expected to look into or address. Re-issuing the order without specifying the terms of engagement will more likely than not bring back the same unsatisfactory results.

4. Since both sides are in agreement, that the Land Registrar should repeat the exercise, the court directs them to jointly frame the issues that the Land Registrar should look into before the re-issuance of the order. The parties should do so in the next 21 days.

5. The parties may file the said issues that the Land Registrar should look into in the form of a consent.

It is so ordered.

DATED SIGNED AND DELIVERED AT KAJIADO VIRTUALLY THIS 13THDAY OF JUNE2025. M.D. MWANGIJUDGEIn the virtual presence of:Mr. Njoroge h/b for Mr. Ntele for the PlaintiffN/A by the DefendantsCourt Assistant: MpoyeM.D. MWANGIJUDGE