'1. The extent to which DW1 can testify in this court, having perused the Survey Act and the Regulations thereunder, is that:
i) The evidence of an Approved Assistant is to the extent of the assistance that he offered to a Licensed Surveyor with field surveying tasks.
ii) That he must receive written approval from the Lands Surveyor’s Board to work under a Licensed Surveyor.
iii) While an Approved Assistant can perform field work, he cannot provide official testimony or act as a Licensed Surveyor in court.
iv) The Licensed Surveyor is held responsible for the work done by an Approved Assistant.
v) It is the Licensed Surveyor who takes responsibility for the works done by their Approved Assistant and not vice versa.
2. The overall responsibility for surveying work and authenticity lies with the Licensed Surveyor, not the Approved Assistant. Consequently, an Approved Assistant pursuant to Regulation 33 cannot on his own produce a Survey Report in court. It has to be through the directions of a duly Licensed Surveyor.
Dated, signed, and delivered at Malindi on this 23rd day of September, 2025.
E. K. MAKORI
JUDGE
In the presence of:
Mr.Hamza for the 1st to 3rd Plaintiffs
Mr. Onyony and Ms. Mango for the 4th Plaintiff
Mr. Oluga for the Defendant
Court Assistant: Happy
'
i) The evidence of an Approved Assistant is to the extent of the assistance that he offered to a Licensed Surveyor with field surveying tasks.
ii) That he must receive written approval from the Lands Surveyor’s Board to work under a Licensed Surveyor.
iii) While an Approved Assistant can perform field work, he cannot provide official testimony or act as a Licensed Surveyor in court.
iv) The Licensed Surveyor is held responsible for the work done by an Approved Assistant.
v) It is the Licensed Surveyor who takes responsibility for the works done by their Approved Assistant and not vice versa.
2. The overall responsibility for surveying work and authenticity lies with the Licensed Surveyor, not the Approved Assistant. Consequently, an Approved Assistant pursuant to Regulation 33 cannot on his own produce a Survey Report in court. It has to be through the directions of a duly Licensed Surveyor.
Dated, signed, and delivered at Malindi on this 23rd day of September, 2025.
E. K. MAKORI
JUDGE
In the presence of:
Mr.Hamza for the 1st to 3rd Plaintiffs
Mr. Onyony and Ms. Mango for the 4th Plaintiff
Mr. Oluga for the Defendant
Court Assistant: Happy
'