Ondieki Nyatwang’a & another v County Government of Nyamira & another [2016] KEHC 2196 (KLR)
- Court
- High Court of Kenya
- Case number
- 2196
- Citation
- [2016] KEHC 2196 (KLR)
- Decided
- 7 October 2016
The County Government of Nyamira should yield the portions of land they encroached on to the petitioners, and the petitioners' land boundaries should be fixed as shown in the surveyor's diagram.
Facts
Petitioners claimed that the County Government of Nyamira had encroached onto their land, damaging their crops and buildings. The petitioners sought a declaration of their property rights and compensation. The respondents argued that the petitioners had encroached onto government land.
Issues
- Boundary dispute between petitioners and respondents
- Encroachment by County Government of Nyamira
Reasoning
The Land Registrar confirmed the encroachment by the County Government onto the petitioners' parcels of land. The encroachment is deemed insignificant and can be dispensed with, but the court advises on appropriate action.
Outcome
The main petition is finally settled, with the County Government of Nyamira yielding the encroached portions of land to the petitioners.
Orders
- Land Registrar Nyamira and County Surveyor to identify and point out beacons for the respective parcels of land
- Land Registrar and Surveyor to inform petitioners of the date for the site visit and petitioners to be represented by their own surveyor during the exercise
- Land Registrar/Surveyor to file report in court within 60 days and thereafter parties to take a mention date for directions
Remedies
- Yielding of encroached portions of land to petitioners
Authorities cited
Legislation (1)
- Constitution of Kenya, 2010, Article 64 (1)
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