CECILIA JEROTICH KIRUI v JOSEPH KIPCHUMBA ROP
The bottom line
#The Eldoret Environment and Land Court declared the plaintiffs owners of 23.8 acres, evicted the defendant, and awarded Kshs 780,000 in mesne profits.
What this practically means
#Executive summary
#Key legal issues
#Proof of ownership of the suit property
The Plaintiffs proved exclusive ownership of the 23.8 acres through the certificate of confirmation of grant and the District Survey Office list allotting 28.8 acres to Kipsang Arap Songok, less 5 acres sold.
The certificate of confirmation of grant issued on 15.7.2015 allotted the remainder of the property to the administrators of the Estate of Martha Jerop Songok. The survey office list showed Kipsang Songok as member number 81 with 28.8 acres. The Defendant's annulment application had been dismissed. No evidence supported the claim of equal co-ownership, so ownership vested in the Plaintiffs to the exclusion of the Defendant.
Trespass and entitlement to mesne profits
The Defendant and his family were trespassers from 2014, and the Plaintiffs were entitled to mesne profits calculated at Kshs 13,000 per acre per year for 6 acres over 10 years.
The 2nd Plaintiff testified the Defendant invaded the property in 2014, built a temporary structure and occupied 6 acres, later bringing his sister. The Chief's letter of 16.3.2014 warned him to desist. An Agricultural Officer's report valued leasing at Kshs 13,000 per acre per year, supporting the mesne profits award of Kshs 780,000.
The Defendant's counter-claim for equal sharing
The counter-claim seeking equal sharing of the suit property between the Plaintiffs' family and the Defendant's family was dismissed for want of evidentiary support.
The Defendant claimed the property was co-owned in equal shares, relying on a list of unknown source on which the Chief of Kaisagat had added the name of Augustine Sugut because of a dispute over the property. The court held this was not evidence of co-ownership entitling the Defendant to claim half a share.
Legal principles established
#- Uncontroverted evidence must still satisfy the court on a balance of probabilities before judgment can issue for the plaintiff.
- A list with an unknown source on which a name was added by a Chief following a dispute does not constitute evidence of co-ownership.
Court orders
#- 1.A declaration that the Plaintiffs are the exclusive lawful and legal owners of the whole of parcel Number Moi's Bridge/Ziwa Block 8 (Chepterit Farm)/81 measuring 23.8 acres
- 2.An order of eviction against the Defendant, his relatives, agents and/or assigns from parcel No Moi's Bridge/Ziwa Block 8 (Chepterit Farm)/81 measuring 23.8 acres
- 3.A permanent injunction restraining the Defendant, his agents, servants, relatives and/or assigns from tilling, cultivating, constructing or in any way dealing with or interfering with the 23.8 acres
- 4.Mesne profits of Kshs 780,000 (Kshs 13,000 x 6 acres x 10 years)
- 5.The Defendant granted 30 days to remove temporary structures from the suit property, failing which the Plaintiffs may demolish them under supervision of the OCS at the Defendant's cost
- 6.Costs of the suit to the Plaintiffs with interest at court rates
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over disputes relating to title and occupation of land
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "CECILIA JEROTICH KIRUI v JOSEPH KIPCHUMBA ROP", Case Analysis (2024). Land Case at Eldoret (Environment and Land Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/363/eng@2024-02-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.