Viehweber v Kenya Forest Service & 7 others (Environment & Land Petition E004 of 2020) [2025] KEELC 4356 (KLR) (5 June 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 4356
- Citation
- [2025] KEELC 4356 (KLR)
- Decided
- 5 June 2025
Summary at a glance
TypeBoundary DisputePosturePetition for Determination of Boundary DisputeCoramKemei, MD MWANGI
The court holds that the petitioner's properties do not encroach into the Namanga Hill Forest and that the 1st respondent does not have the statutory authority to alter and place beacons on the boundary.
Facts
The petitioner claims ownership of two parcels of land (Kjd/Meto/1849 and Kjd/Meto/1850) adjacent to the Namanga Hill Forest. The Kenya Forest Service (1st respondent) disputes this and alleges that the petitioner's properties encroach into the forest.
Issues
- Whether the petitioner's properties encroach into the Namanga Hill Forest
- Whether the 1st respondent has the statutory authority to alter and place beacons on the boundary between the Namanga Hill Forest and the petitioner's properties
Reasoning
The court rules that the Land Registrar is the appropriate authority to resolve boundary disputes involving general boundaries, and that the 1st respondent's actions were unauthorized and in violation of due process.
Outcome
Affirmed
Authorities cited
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