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Court of AppealDismissedNot stated in the judgment

Chepkwony v Samoei (Civil Appeal 174 of 2020) [2026] KECA 1036 (KLR)

Court of Appeal of Kenya
29 May 2026
3,472 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal confirmed that a plot already allotted to one person cannot be re-allocated to someone else without first lawfully revoking that allotment.

What this practically means

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Executive summary

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This was a first appeal to the Court of Appeal at Eldoret against the judgment of Mwangi, J. delivered on 29th January 2019, which declared that plot No. 271 Chepkoiyo Farm belonged to the late Kiptigoi Samoei, ordered vacant possession, granted a permanent injunction, dismissed the appellant's counterclaim, and directed the Deputy Registrar to execute transfer documents. The dispute arose from land-buying company allocations on Chepkoiyo Farm. The appellant claimed the plot had been re-allocated to him by the farm directors following a complaint that the deceased had short-delivered land sold to him, a position allegedly endorsed by the District Officer, Kaplamani Division. The deceased held a letter of allotment dated 6th March 2003. The appellant's evidence was internally contradictory: he alternately claimed allocation by the directors in 1986 and purchase from one Clement Chelengo, which was uncorroborated. The Court, sitting as a first appellate court (Mativo, Gachoka and Korir, JJ.A.), applied the settled Gitobu Imanyara principles requiring reconsideration and evaluation of the evidence. It held that once the plot was allotted to the deceased, it was not available for re-allocation; that the directors and the District Officer acted without lawful authority, with no minutes produced; and that the appellant's contradictory, uncorroborated testimony could not sustain his counterclaim, including his section 7 Limitation of Actions Act claim. The appeal was dismissed, and because of a defect in the record of appeal (the deceased was listed as respondent) which respondent's counsel failed to address, each party was ordered to bear its own costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the trial judge was right in finding that plot No. 271 Chepkoiyo Farm validly belonged to the deceased respondent rather than to the appellant
  2. 2.Whether the trial court properly dismissed the appellant's counterclaim
  3. 3.Whether the Court should interfere with the trial court's findings of fact
  4. 4.Whether the directors of the farm and the District Officer had authority to re-allocate the suit plot to the appellant
  5. 5.Whether the appeal was competent given that the respondent had died and the estate was not listed as respondent

Key legal issues

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01

Whether the Court of Appeal should interfere with the trial court's findings of fact

Holding

The Court declined to interfere, finding no fault with the trial judge's analysis and affirming that the deceased was the rightful owner of plot No. 271.

Reasoning

As a first appellate court, the Court was obliged to reconsider the evidence and draw its own conclusions while making allowances for not having heard the witnesses. Having done so, it agreed with the trial judge that the deceased held a letter of allotment dated 6th March 2003, that the plot was never validly revoked or re-allocated, and that the appellant's contradictory, uncorroborated testimony could not displace the deceased's ownership. The trial judge's conclusions on the receipts, the area list and the absence of proof of purchase were upheld.

p. 6
02

Whether the directors of the farm and the District Officer had authority to re-allocate the suit plot to the appellant

Holding

They did not; the re-allocation was made without lawful basis and without minutes, and could not extinguish the deceased's ownership.

Reasoning

The Court held that after the property had been allotted to the deceased, it was not available for allocation to another party. Neither DW2 nor the deceased's witnesses testified that the deceased failed to comply with the allotment conditions. The re-allocation by the directors following the District Officer's decision was unsupported by any law; no minutes of the relevant meeting were adduced, and the District Officer's authority to handle the dispute was never established. As long as the letter of allotment was not revoked, nothing could extinguish the deceased's rights.

p. 5
03

Whether the appellant's counterclaim was proved

Holding

The counterclaim failed; the appellant's own evidence was contradictory and uncorroborated and did not meet the balance-of-probabilities standard.

Reasoning

The appellant gave conflicting accounts - first claiming allocation by the directors in 1986, then claiming purchase from one Clement Chelengo without corroboration - and failed to prove acquisition of plot No. 270. His section 7 Limitation of Actions Act claim of over twelve years' possession was unsustainable given the failure to establish the foundational ownership. The trial judge had also found the receipts and area list unhelpful, and this Court saw no reason to depart from that analysis.

p. 6
04

Competency of the appeal where the deceased respondent was wrongly listed as respondent

Holding

The Court noted the defect but declined to make a finding on it, since the issue was not raised and the appeal was being dismissed in any event.

Reasoning

The respondent died during the trial and, although substitution had been effected at trial with John Cheruiyot Mursoi appointed as legal representative, the appeal was lodged against the deceased personally. On its face the record was defective, incompetent and irregular. However, neither party raised the issue at the hearing, and since the appeal was for dismissal regardless, the Court left the matter there without pronouncing on it.

p. 6

Legal principles established

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  • On a first appeal, the appellate court must reconsider and evaluate the evidence and draw its own conclusions, while making due allowance for not having seen or heard the witnesses.
  • Once property has been validly allotted to a person by letter of allotment, it is not available for allocation to another party and cannot be re-allocated without lawful revocation of the allotment.
  • Decisions re-allocating land taken by farm directors or a District Officer without minutes or any lawful basis are unorthodox and of no legal effect.
  • A party bearing the burden of proof must adduce consistent, corroborated evidence to establish ownership; self-contradictory and uncorroborated testimony cannot sustain a claim to the required standard.

Court orders

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  1. 1.Appeal dismissed
  2. 2.Each party to bear its own costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
On appeal from
Environment and Land Court (trial court, judge Mwangi, J.)
Not stated in the judgment
Jurisdiction invoked
First appellate jurisdiction over the trial court's decision (appeal by way of retrial; no specific constitutional or statutory provision is cited in the judgment)

Relief refused

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Setting aside of the trial court's judgment; dismissal of the plaint; allowance of the counterclaim; or a retrial before another judge

The appeal raised issues of fact and the appellant failed to demonstrate why the Court should interfere with the trial court's findings, which were affirmed as faultless.

p. 7

Costs

Each party to bear its own costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Ultimately, we find that the present appeal is devoid of merit.
p. 7Disposition - dismissal of the appeal
In view of the defect in the record of appeal, which the counsel for the respondent ought to have addressed but failed to do so, we order that each part shall bear its own costs.
p. 7Final orders - costs
this Court must reconsider the evidence, evaluate it, and draw its own conclusions, though it should always bear in mind that it did not have the advantage of seeing or hearing the witnesses and thus should make due allowances in this respect.
p. 3Duties of a first appellate court
we agree with the trial court that once the property was allotted to the deceased, it could not be given to another party, as was the case herein.
p. 5Effect of a letter of allotment
As long as the letter of allotment was not revoked, nothing could extinguish the deceased’s ownership rights.
p. 5Ownership rights pending revocation
The property was not available for allocation. It was indeed a decision that was unorthodox and made without any lawful basis.
p. 5Illegality of re-allocation by directors and District Officer

Issues in the judgment

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minor

The judgment states the respondent's letter of allotment is dated 6th March 2003 in the evidence summary, but the quoted trial court judgment refers to a letter of allotment dated 6/3/2004 while also saying the appellant's earliest receipt (dated 23/12/2002) preceded the allotment.

minor

The judgment is internally inconsistent on the date of the oral highlighting of the appeal: submissions dated 25th March 2025 and 22nd November 2025 are said to have been highlighted orally on 3rd March 2026, a chronology that is not self-explanatory.

minor

The judgment records the respondent as deceased and the record of appeal as facially defective for listing the deceased as respondent, yet the appeal is determined on the merits rather than on competence.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Chepkwony v Samoei (Civil Appeal 174 of 2020) [2026] KECA 1036 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1036/eng@2026-05-29

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.