Mohamed Bwana Obo Athman & 24 others v Kenya Airport Authority [2020] KEELC 1203 (KLR)
The bottom line
#A Kenyan court confirmed you cannot claim land ownership by long occupation against the Government, and Manda Island residents lost their Lamu land case entirely.
What this practically means
#Executive summary
#Key legal issues
#Adverse possession against public land held by a state agency
The claim failed because the suit property was public land registered in favour of a state agency and adverse possession does not lie against the Government under Section 42 of the Limitation of Actions Act read with Article 62(1)(b) of the Constitution.
The court held that land registered in favour of the Kenya Airports Authority, a state agency, is public land under Article 62(1)(b) of the Constitution. Section 42 of the Limitation of Actions Act bars adverse possession claims against the Government. Additionally, the Grant was registered on 14th June 2002 and the suit filed on 25th April 2014, before 12 years had elapsed, so the claim had not crystallised.
Uncontroverted defence evidence on the Counterclaim
With the Plaintiffs absent and no cross-examination, the defence evidence remained unchallenged and the Defendant proved its Counterclaim on a balance of probability.
The Plaintiffs failed to prosecute their suit and did not attend or oppose. The sole defence witness produced the Grant CR 35747 and testified that squatters had encroached, were valued in 2012 and compensated in 2014-2015, with only the 1st Plaintiff remaining. In the absence of cross-examination the evidence stood uncontroverted, satisfying the balance of probability standard for the declaratory and injunctive relief sought.
Legal principles established
#- Adverse possession cannot be asserted against the Government or a state agency in respect of public land.
- A claim for adverse possession crystallises only after 12 years from registration of the owner's title.
Court orders
#- 1.Dismissal of the Plaintiffs' suit for want of prosecution (ordered on 10th July 2018)
- 2.Judgment entered for the Defendant as prayed in the Counterclaim
- 3.The Defendants to have the costs of both the Plaintiffs' suit and its Counterclaim
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over the land dispute and the Defendant's Counterclaim
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohamed Bwana Obo Athman & 24 others v Kenya Airport Authority [2020] KEELC 1203 (KLR)", Case Analysis (2020). ELC Case of 2014 (Portion No. 21 Lamu, CR 35747). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1203/eng@2020-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.