Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedNot stated in judgment (Plaint dated 9th November, 2016)· [2021] KEELC 2060 (KLR)

Fredrick Muroki Grieve v County Government of Machakos [2021] KEELC 2060 (KLR)

Environment and Land Court
30 July 2021
2,392 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

#

Machakos court ordered the County Government to restore a plot owner's name in its register after it was removed without notice, evidence, or a hearing.

What this practically means

#

Executive summary

#
The Plaintiff sued the County Government of Machakos claiming he bought Plot No. 49 (40 by 100 feet) in Kithendu Market, Matuu, from George Mutiso Kilonzo in 1991, was entered in the Defendant's registers, and paid rates, but the plot and his name were missing from the third register the Defendant currently uses. He sought an order compelling the Defendant to update its registers, damages for violation of his rights to property and fair administrative action, costs and interest. The Defendant denied his claim, asserting that the Plaintiff had in 1993 sold the plot to the late Benedict Mutua, whose widow Victoria occupied it; that a 2005 serialisation exercise renumbered the plot to No. 132; and that the claim was time barred. The Plaintiff produced the sale agreement, 1997 and 2007 register extracts and a 2016 rates receipt. The Defendant's witnesses admitted the Plaintiff was registered as owner until 2005 but produced no documents proving the alleged sale, the renumbering, or that the Plaintiff was heard before the change. The court held that Articles 40 and 47 of the Constitution were breached by the removal of the Plaintiff's name, found the claim proved on a balance of probabilities, and ordered the Defendant to update its register to reflect Plot No. 49 and the Plaintiff as owner, with costs to the Plaintiff. No damages were awarded. Judgment delivered virtually at Machakos on 30th July, 2021 by O. A. Angote, Judge.

Key legal issues

#
01

Whether the Plaintiff proved ownership of Plot No. 49 on a balance of probabilities

Holding

Yes - the Sale Agreement of 1991, the 1997 and 2007 registers and the 2016 rates receipt established ownership and possession

Reasoning

The Plaintiff produced the Sale Agreement with George Mutiso, register extracts for 1997 and 2007 showing him as owner, and a 2016 receipt for rent. The Defendant's own witnesses admitted the Plaintiff appeared as owner until 2005. No evidence was adduced of any transfer from the Plaintiff to Benedict Mutua or his wife, so the Plaintiff's case was proved on a balance of probabilities.

p. 3
02

Whether the Defendant adduced evidence justifying the removal of the plot and the Plaintiff's name from the register

Holding

No - the Defendant produced no records of the serialisation, the alleged transfer to Benedict Mutua, or that the Plaintiff was heard

Reasoning

Although DW1 and DW2 asserted that Plot No. 49 became Plot No. 132 and that the Plaintiff sold the plot to Benedict Mutua, no documents, minutes, agreements or notices were produced. The 2007 register still bore the Plaintiff's name. The court found the alleged change of ownership unproven and unexplained, and no evidence that the Plaintiff was heard before the change.

p. 3
03

Whether the Defendant breached Articles 40 and 47 of the Constitution

Holding

Yes - removing the Plaintiff's name from the register without evidence of lawful process or a hearing breached both provisions

Reasoning

The court held that property rights under Article 40 may only be limited per Article 40(3), and Article 47 requires fair administrative action before a decision adversely affecting a person. The Defendant removed the Plaintiff from its register without notice or explanation, thereby breaching both constitutional provisions.

p. 3

Legal principles established

#
  • Article 40 of the Constitution protects the right to property and prohibits deprivation of property except as provided under Article 40(3); Article 47 guarantees fair administrative action where a decision adversely affects an individual

Court orders

#
  1. 1.An order that the Defendant updates its register to reflect the existence of Plot No. 49 Kithendu Market and the Plaintiff's name as the owner of the said Plot No. 49
  2. 2.The Defendant to pay the costs of the suit

Authorities

#

Legislation

  • Constitution of KenyaArticle 40
  • Constitution of KenyaArticle 40(3)
  • Constitution of KenyaArticle 47
Jurisdiction invoked
Original civil jurisdiction (plaint seeking orders relating to land register); constitutional provisions Articles 40 and 47 of the Constitution of Kenya invoked

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Fredrick Muroki Grieve v County Government of Machakos [2021] KEELC 2060 (KLR)", Case Analysis (2021). Not stated in judgment (Plaint dated 9th November, 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2060/eng@2021-07-30

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