M M G v J G & another [2018] KEELC 4441 (KLR)
The bottom line
#The Environment and Land Court confirmed that adult children have no right to force parents to share land while the parents are still alive.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC over a dispute between a former foster mother and her former foster children
The Court has jurisdiction, as the dispute relates to ownership rights and interests in land.
The Court derived its jurisdiction from Article 162(1)(b) of the Constitution and section 13(1) and (2) of the ELC Act, which confer mandate over disputes relating to title, tenure, private land and any other dispute relating to environment and land. Since the case revolves on ownership rights between a former foster mother and her now-adult benefactors, it falls squarely within the Court's precincts.
Whether adult adopted/foster children are entitled to the foster parent's land during her lifetime
No. There is no law obligating parents to distribute land to children during their lifetime, and children's inheritance rights are inchoate until death.
Relying on the Court of Appeal decisions in Nahashon Kerenge and Marigi, the court held there is no vested right to inheritance during a parent's lifetime. The Defendants, being adults in gainful employment, do not qualify for rights under the Children's Act, and their guardianship order had lawfully been revoked. Section 26 of the Land Registration Act does not list rights by children as a ground for challenging a proprietor's title.
Whether the Plaintiff proved ownership of the suit land
Ownership was proved by the Defendants' admission in their joint defence, notwithstanding the absence of a title document from the Plaintiff.
Although the Plaintiff did not produce a certified copy of title, official search or green card, the Defendants admitted in their joint defence and witness statements that she is the registered owner. That fact being uncontested, ownership was established, and section 24(a) of the Land Registration Act vests absolute ownership in the registered proprietor.
Legal principles established
#- There is no vested right to inheritance during the lifetime of parents; a child cannot force parents to sub-divide and distribute their land during their lifetime.
- Rights of children over a parent's estate are inchoate and accrue upon the parent's death.
- Registration as proprietor vests absolute ownership, subject only to trusts and overriding interests, which must be pleaded and proved.
Court orders
#- 1.The Defendants to voluntarily vacate LOC 19/Gacharageini/**** within 60 days from the date of judgment and be permanently restrained from being on the suit land
- 2.In default, the Plaintiff at liberty to initiate eviction of the Defendants as laid down in the law
- 3.The Defendants to bear the costs of the suit
- Jurisdiction invoked
- Article 162(1)(b) of the Constitution and sections 13(1) & (2) of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "M M G v J G & another [2018] KEELC 4441 (KLR)", Case Analysis (2018). ELC Case (Murang'a) – suit filed 17/6/2016 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4441/eng@2018-02-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.