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ELCStruck OutEnvironment & Land Case 45 of 2020· [2022] KEELC 4890 (KLR)

Yegon v County Government of Kericho & 3 others

Environment and Land Court
22 September 2022
2,840 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A man suing to recover family land in Kericho lost because he waited over 50 years and lacked proper legal authority to sue for the deceased owner's estate.

What this practically means

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Executive summary

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The 1st Defendant, County Government of Kericho, raised a preliminary objection dated December 18, 2020 against the Plaintiff's suit filed September 11, 2020 seeking recovery of LR No. Kericho/Kipchimchim/1068 and cancellation of registrations of various parcels allegedly carved out of it following encroachment by the County Council of Kipsigis in the 1960s. The objection raised two points of law: that the claim was statute-barred under Section 7 of the Limitation of Actions Act, the cause of action having arisen more than twelve years before filing; and that the Plaintiff lacked locus standi, having sued on his own behalf over land registered to a deceased person for whose estate no letters of administration had been procured. Only the Plaintiff filed submissions. The court, Oundo J, framed three issues and held that the claim to recover land encroached upon in the 1960s was filed long after the twelve-year limitation period had lapsed, and that limitation goes to jurisdiction. On capacity, the court found the letters of administration ad litem relied upon related to the estate of Kipyegon Arap Kirui, not the registered proprietor Tabelga W/O Kirui, were limited to claims against Unilever Tea Kenya Limited, and were issued after the suit commenced. The Plaintiff therefore lacked locus standi, rendering the suit fatally defective, a defect Article 159(2)(d) could not cure. The preliminary objection was upheld and the suit struck out with costs to the 1st Defendant.

Key legal issues

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01

Limitation of land recovery claim

Holding

The claim to recover land encroached upon in the 1960s was statute-barred under Section 7 of the Limitation of Actions Act

Reasoning

The cause of action arose in the 1960s when the County Council of Kipsigis allegedly encroached. Section 7 bars actions to recover land after twelve years. The suit filed on September 11, 2020 was far outside the prescribed period, and limitation goes to jurisdiction.

02

Locus standi of the Plaintiff

Holding

The Plaintiff lacked capacity to sue on behalf of the estate of Tabelga W/O Kirui; the letters of administration relied on related to a different estate and a different purpose

Reasoning

The letters of administration ad litem were limited to claims against Unilever Tea Kenya Limited and concerned the estate of Kipyegon Arap Kirui, not Tabelga W/O Kirui, the registered proprietor. They were also issued after the suit was filed. The Plaintiff therefore could not be heard.

p. 5
03

Effect of preliminary objection under Mukisa Biscuit principles

Holding

Both limbs were pure points of law capable of disposing of the suit, so the objection was properly upheld

Reasoning

Applying Mukisa Biscuit, limitation and locus standi are points of law going to jurisdiction and capacity respectively, capable of disposing of the suit without resort to evidence, hence properly raised as a preliminary objection.

p. 2

Legal principles established

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  • An action to recover land may not be brought after twelve years from when the right of action accrued (Section 7, Limitation of Actions Act)
  • Limitation goes to jurisdiction; a statute-barred claim cannot be entertained
  • Lack of locus standi renders a suit fatally defective and cannot be cured by Article 159(2)(d)

Court orders

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  1. 1.The Plaintiff's suit is struck out
  2. 2.Costs of the suit awarded to the 1st Defendant

Authorities

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Legislation

  • Limitation of Actions ActSection 7
  • Constitution of KenyaArticle 40(1)
  • Constitution of KenyaArticle 159(2)(d)

Cases cited (8)

  • Owners of Motor Vessel "Lillian S" v Caltex Oil (Kenya) Ltd
    [1989] KLR 1

    Jurisdiction is everything; a court without jurisdiction must down tools

  • Mukisa Biscuit Manufacturing Co. Ltd. vs West End Distributors Ltd.
    (1969) EA 696

    Definition and principles of a preliminary objection

  • Mukuru Munge v Florence Shingi Mwawana & 2 others
    [2016] eKLR

    Purpose of limitation law - avoiding stale claims

  • Bosire Ongero vs Royal Media Services
    [2015] eKLR

    Limitation goes to jurisdiction of the court

  • Alfred Njau & Others v City Council of Nairobi
    [1982-88] 1 KAR 229

    Meaning of locus standi

  • Virginia Edith Wamboi Otieno v Joash Ochieng Ougo & Another
    (1982-99) 1 KAR

    Locus standi as a point of law going to capacity to sue

  • Morjaria v Abdalla
    [1984] KLR 490

    Lack of capacity renders suit incompetent

  • Trouistik Union International & Another v Jane Mbeyu & Another
    Civil Appeal No. 145 of 1990

    Locus standi as a primary point of law

Jurisdiction invoked
Article 162(2) of the Constitution (Environment and Land Court) - not expressly stated in the ruling

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Yegon v County Government of Kericho & 3 others", Case Analysis (2022). Environment & Land Case 45 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/4890/eng@2022-09-22

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