Rotich (suing as the legal administrator of estate of Fredrick Kipkosgei Rotich) v County Government of Baringo & 13 others (Environment & Land Case 196 of 2017) [2022] KEELC 15315 (KLR) (8 December 2022) (Ruling)

Summary at a glance

Facts

The applicant sought an order for resurvey of a parcel of land known as Lembus/Kiptuim/182 due to a stock route measuring approximately 2.27ha not appearing in the RIM map or ground. The District Surveyor had previously visited the parcel and prepared a report indicating the existence of the stock route.

Issues

• Whether an order for resurvey of the suit land should be conducted by the Director of Surveys.
• Whether the applicant is justifiably entitled to a resurvey of the suit land.

Reasoning

The court found that the District Surveyor had fulfilled the specific requirements set out by the court, and the applicant's argument for a resurvey was due to a disputed finding about the existence of a stock route. The court did not think it probable that the Director of Surveys would not be briefed about the exercise on the ground regarding the suit land.

Outcome

Application dismissed

Orders

• The plainti/applicant’s application dated 18/05/2022 is without merit and is hereby dismissed.
• Costs of the application shall be borne by the plainti/applicant.