https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4966
The court found the application merited because the prior judgment had already declared the plaintiff's proprietary interest in 4 acres and ordered transfer, the defendants had been served but filed no response, and the court was entitled to enforce compliance by authorizing the Deputy Registrar and/or Executive...
Source-derived case information.
- Citation
- [2026] KEELC 4966 (KLR)
- Parties
- Plaintiff/applicant: RICHARD WANJOHI KARANGI (Suing as the Administrator of the Estate of the late Lt. Col (Rtd) James Karangi); 1st Defendant/respondent: NATHAN MUTISO; 2nd Defendant/respondent: PAUL NGEI MUSESYA; 3rd Defendant/respondent: NZIOKI WAMBUA; 4th Defendant/respondent: JOSEPH KATIKU NGUTI
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case 81 of 2010
- Procedural Posture
- Environment and Land Court Ruling on Post Judgment Application for Enforcement/implementation Orders / Post Judgment Application
- Outcome
- Application allowed in part as an enforcement order; costs denied.
- Judges
- ["NA Matheka"]
- Legal Topics
- Execution of Judgment, Transfer of Land Court Ordered, Constructive Trust, Police Assistance in Land Survey/subdivision, Registrar/deputy Registrar Signing Transfer Instruments, Non Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RICHARD WANJOHI KARANGI (Suing as the Administrator of the Estate of the late Lt. Col (Rtd) James Karangi)
Plaintiff/applicant
NATHAN MUTISO
1st Defendant/respondent
PAUL NGEI MUSESYA
2nd Defendant/respondent
NZIOKI WAMBUA
3rd Defendant/respondent
JOSEPH KATIKU NGUTI
4th Defendant/respondent
Procedural Posture
Environment and Land Court Ruling on Post Judgment Application for Enforcement/implementation Orders / Post Judgment Application
Legal Issues
- 1 Whether the applicant established grounds for post-judgment enforcement orders to implement the court's judgment on proprietary interest in 4 acres
- 2 Whether the Deputy Registrar and/or Executive Officer should be authorized to sign transfer forms in default of the defendants
- 3 Whether police assistance should be ordered to facilitate subdivision and survey of the land
Ratio Decidendi
The court found the application merited because the prior judgment had already declared the plaintiff's proprietary interest in 4 acres and ordered transfer, the defendants had been served but filed no response, and the court was entitled to enforce compliance by authorizing the Deputy Registrar and/or Executive Officer to sign transfer forms and directing police assistance for subdivision and survey.
Court Disposition
Application allowed in part as an enforcement order; costs denied.
Orders
- The Deputy Registrar and/or Executive Officer is authorized to sign the transfer forms in respect of Mavoko Town Block 2/9835 and/or resultant subdivisions L.R No. Mavoko Town Block 2/18411, 2/18412 and 2/18413 so that the plaintiff's 4 acres can be excised and transferred.
- The OCS Mavoko SNP Police Station shall accompany the plaintiff to conduct subdivision and survey on Land Parcel No. Mavoko Town Block 2/9835 and/or the resulting subdivisions.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT MACHAKOS** **ELC CASE NO. 81 OF 2010** **RICHARD WANJOHI KARANGI (**Suing as the Administrator of the Estateof the late *LT.COL (RTD) JAMES KARANGI)***::::::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF/APPLICANT** **VERSUS** **NATHAN MUTISO:::::::::::::::::::::::::::::1ST DEFENDANT/RESPONDENT** **PAUL NGEI MUSESYA:::::::::::::::::::::::2ND DEFENDANT/RESPONDENT** **NZIOKI WAMBUA:::::::::::::::::::::::::::::3RD DEFENDANT/RESPONDENT** **JOSEPH KATIKU NGUTI:::::::::::::::::::4TH DEFENDANT/ RESPONDENT** **RULING** The application is dated 11th June 2025 and is brought under Section 1, 1A, 3, 3A of the Civil Procedure Act, Cap 21, Article 159 of the Constitution of Kenya, 2010, Order 51 Rule 1 of the Civil Procedure Rules, 2010 seeking the following orders: 1. That this matter be certified urgent and be heard ex-parte in the first instance. 2. That the Honourable Court do authorize the Deputy Registrar and/or Executive officer of this Honourable Court to sign the transfer forms in respect of Mavoko Town Block 2/9835 and/or the resultant subdivisions being L.R No. Mavoko Town Block 2/18411, 2/18412 & 2/18413 so that the Plaintiff's proprietary interest of 4 acres can be excised and transferred to them. 3. That this Honourable Court be pleased to order the OCS Mavoko SNP Police Station to accompany the Plaintiff to do a subdivision and survey upon Land Parcel number Mavoko Town Block 2/9835 and/ or the resulting subdivisions. 4. That the costs of this application be in the cause. The application is based on the annexed affidavit of Richard Wanjohi Karangi, and grounds that this court through its Judgment dated 22nd October 2024 directed that the Plaintiffs have proved to have a proprietary interest of 4 acres upon Land Parcel number Mavoko Town Block 2/9835 and/or the resultant subdivisions being L.R No. Mavoko Town Block 2/18411, 2/18412 & 2/18413. That further the court ordered the Defendants to unconditionally transfer to the Plaintiff 4 acres to be excised from L.R No. Mavoko Town Block 2/18411 to L.R No. Mavoko Town Block 2/18413. That despite the orders the Defendants have remained uncooperative and have blatantly refused to transfer to the Plaintiff the said 4 acres. That the Plaintiff is desirous of undertaking a survey upon the land and extract the 4 acres as there are people who have started encroaching on the land. That the Defendants wants to sale the remaining land and leave us with nothing. That the said exercise cannot be conducted without the escort of the police officers. That it is in the interest of justice that the orders be granted as prayed. This court has considered the application and the supporting affidavit therein. The Applicant stated that the court through its Judgment dated 22nd October 2024 directed that the Plaintiffs have proved to have a proprietary interest of 4 acres upon Land Parcel number Mavoko Town Block 2/9835 and/or the resultant subdivisions being L.R No. Mavoko Town Block 2/18411, 2/18412 & 2/18413. That further the court ordered the Defendants to unconditionally transfer to the Plaintiff 4 acres to be excised from L.R No. Mavoko Town Block 2/18411 to L.R No. Mavoko Town Block 2/18413. I have perused the court record and find that by a judgement delvered on the 22nd October 2024 Justice Christine Ochieng ordered as foolows; 1. *A declaration be and is hereby issued that the Palintiff has proprietary interests over four (4) acres in respect to LR No. Mavoko Town Block 2/9835 and/or the resultant subdivisions thereto, being* *LR No. Mavoko Town Block 2/18411 to LR No. Mavoko Town Block 2/18413 by virtue of constructive trust subsisting against the Defendants.* 2. *An order be and is hereby issued that the Defendants do unconditionally transfer to the Plaintiff four (4) acres to be excised* *from LR No. Mavoko Town Block 2/18411 to* *LR No. Mavoko Town Block 2/18413 and in default the Land Registrar Machakos be directed to issue a title deed for the said portion.* 3. *An order be and is hereby issued directing the Land Registrar Machakos to cause cancellation of title deed to LR No. Mavoko Town Block 2/9835 and/or the resultant subdivisions thereto being LR No. Mavoko Town Block 2/18411 to LR No. Mavoko Town Block 2/18413.* 4. *The Plaintiff shall be responsible for payment of transfer fees including other incidentals.* 5. *Costs of this suit is awarded to the Plaintiff*. The Defendants/Respondents were served and failed to file any responses or oppose the same. Court orders must be obeyed. I find the application is merited and I grant the following orders; 1. The Deputy Registrar and/or Executive officer of this Honourable Court to sign the transfer forms in respect of Mavoko Town Block 2/9835 and/or the resultant subdivisions being L.R No. Mavoko Town Block 2/18411, 2/18412 & 2/18413 so that the Plaintiff's proprietary interest of 4 acres can be excised and transferred to them. 2. The OCS Mavoko SNP Police Station to accompany the Plaintiff to do a subdivision and survey upon Land Parcel number Mavoko Town Block 2/9835 and/ or the resulting subdivisions. 3. No orders as to costs. It is so ordered. **DELIVERED, DATED AND SIGNED AT MACHAKOS THIS 29TH DAY OF JULY 2026.** **N.A. MATHEKA** **JUDGE**