Cherogony v Rono & 10 others
The bottom line
#A Kenyan court refused to strike out an adverse possession claim filed too early, ruling the timing question must be decided at a full hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether a suit for adverse possession filed before the expiry of 12 years is premature and liable to be struck out
The court found the suit was filed before the 12-year period expired but declined to strike it out, leaving the issue to be determined at the full hearing
The court accepted that the land was registered to the Government on March 29, 2000, and to the plaintiff on July 9, 2002, so the earliest filing date would be July 9, 2014. The February 22, 2013 filing was premature. However, the court had already, in a ruling of February 13, 2019, given the plaintiff an opportunity to prove his case, one witness had testified, and the court was reluctant to strike out the plaint for raising no cause of action.
Whether prescriptive rights can run against the Government of Kenya
No - adverse possession cannot be claimed against the Government as first registered owner
Relying on section 41 of the Limitation of Actions Act, which excludes Government land from acquisition of title by adverse possession, the court held that time could not run against the Government from March 29, 2000, and therefore time began running only from the plaintiff's own registration on July 9, 2002.
Legal principles established
#- One cannot claim adverse possession against the Government of Kenya; where the land was first registered in the Government's name, time runs from the date of the claimant's own registration
Court orders
#- 1.The 10th defendant's application to strike out the suit is dismissed
- 2.Costs in the cause
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under the Environment and Land Court Act over land matters
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cherogony v Rono & 10 others", Case Analysis (2023). Environment & Land Case 212 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/19046/eng@2023-07-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.