Kambanga Ranching (DA) Co Ltd v Ndoro & 146 others (Environment & Land Case 9 of 2023) (Environment and Land) [2024] KEELC 333 (KLR)
The bottom line
#A Kenyan court upheld a ranching company's title to disputed land but blocked eviction, sending Zungulukani settlers' resettlement to the National Land Commission.
What this practically means
#Executive summary
#Key legal issues
#Status of the suit land - private or public
The land was originally public land but was lawfully converted to private (leasehold) land upon allocation by the Commissioner of Lands and registration of the plaintiff
The plaintiff was allocated the land in 1972 by the Provincial Agricultural Board, issued a letter of allotment on 28th October 2010 and a grant over LR No. 29094 on 1st January 2011. The origin of the land was public land up to 2010 when the Commissioner of Lands alienated it for private leasehold use. Defendants failed to prove the land remained public.
Plaintiff's title and entitlement to eviction orders
Plaintiff proved lawful registration as owner, but eviction was refused pending NLC investigation and resettlement recommendations
The plaintiff produced a certificate of title which is prima facie proof under section 26 of the Land Registration Act, and the defendants did not impeach it. However, because the defendants were already settled on a portion of the land when it was allocated, and public utilities were developed there even after title issued, the court referred the matter to the National Land Commission under Article 67(2)(e) to investigate the allocation and recommend resettlement before eviction.
Defendants' counterclaim for adverse possession
Dismissed - the statutory 12-year period had not accrued
The plaintiff became registered owner of the leasehold interest on 16th January 2013. The suit was filed on 1st March 2022, less than 12 years later, so the prescriptive period required for adverse possession had not elapsed when suit was filed.
Legal principles established
#- A certificate of title is prima facie proof of ownership under section 26 of the Land Registration Act unless acquired through fraud, misrepresentation, illegality or unprocedurally
- The presence of public utilities on land does not make it public land under Article 62 of the Constitution
- Costs should follow the events under section 27 of the Civil Procedure Act unless otherwise ordered for good cause
Court orders
#- 1.The suit is referred to the National Land Commission for investigations, under Article 67(2)(e) of the Constitution, and recommendations on the appropriate resettlement of the defendants
- 2.The report by the National Land Commission be filed with ELC Voi in ninety (90) days from the date of the judgment
- 3.Each party to bear their own costs in the suit and the counterclaim
- 4.The file to be forwarded to ELC Voi where a judge will be available from 1st March 2024
- Jurisdiction invoked
- Environment and Land Court jurisdiction over land claims; Constitution of Kenya Articles 62, 64 and 67(2)(e); Land Registration Act and Land Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Mwaura v County Government of Trans Nzoia (Environment & Land Case 2 of 2023) [2025] KEELC 4953 (KLR)[2025] KEELC 4953 (KLR)25 Jun 2025
Cite this brief
#Cite this brief
Caselaw, "Kambanga Ranching (DA) Co Ltd v Ndoro & 146 others (Environment & Land Case 9 of 2023) (Environment and Land) [2024] KEELC 333 (KLR)", Case Analysis (2024). ELC Suit dated 28th February 2022 (filed 1st March 2022), ELC Mombasa. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/333/eng@2024-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.