Okoto & another v Wasunna (Sued as the Administrator of the Estate of Edwin Dickson Wasunna - Deceased) (Environment and Land Case Civil Suit 1000 of 2012 & 403 of 2014 (Consolidated)) [2024] KEELC 3490 (KLR)
The bottom line
#Kenya's Environment and Land Court ordered a long-occupying former executive to vacate a Lavington property and pay over Kshs. 13 million in rent arrears and mesne profits.
What this practically means
#Executive summary
#Key legal issues
#Whether the 1st Plaintiff acquired the suit property lawfully
Yes - the 2nd Plaintiff lawfully sold and transferred the property to the 1st Plaintiff for Kshs. 15,500,000/- and the transfer was duly registered
The court found the property was transferred to and registered in the 2nd Plaintiff's name on 3rd July 2007, the offer to the 1st Plaintiff was made the same day, the purchase price was paid in instalments, the transfer instrument was executed on 6th May 2010 and registered on 2nd August 2012, and a Certificate of Title issued. The 2nd Plaintiff admitted the sale and did not challenge the 1st Plaintiff's title.
Whether the Defendant was a tenant of the 2nd Plaintiff
Yes - after his employment ended in May 2002, the Defendant remained in occupation as a tenant under a lease dated 1st August 2002 (mistakenly dated 1st August 2001) at Kshs. 40,000/- per month
The court accepted PW3's unrebutted evidence, noting the Defendant authorised a Kshs. 200,000/- credit to his 'housing lease account' after executing the lease, wrote numerous letters admitting rent arrears and promising payment, and never disputed the 2nd Plaintiff's title. The 1997 offer from the Kenya Power Retirement Benefits Scheme Trustees lapsed unaccepted.
Whether the Defendant had any proprietary interest in the suit property
No - the Defendant never accepted the 1997 offer to purchase and claimed no ownership in his counter-claims
The Defendant pleaded no claim of ownership; the offer of 13th August 1997 lapsed for want of acceptance and non-payment. His purported improvements were made without written approval and gave him no proprietary interest entitling him to remain in occupation free of charge.
Whether the Defendant's counter-claims could succeed
No - both counter-claims were dismissed
Against the 1st Plaintiff there was no privity, and the purchase was on an 'as is where is' basis. Against the 2nd Plaintiff, the claim for refund of rent paid and damages for wrongful attachment failed because the tenancy and the rent arrears were established, rendering the distress lawful.
Legal principles established
#- Registration of a transfer confers ownership upon the transferee, who is then entitled to possession against a party without proprietary interest
- An offer to purchase property that lapses unaccepted confers no right of continued occupation
Court orders
#- 1.A declaration that the Defendant is a trespasser on the suit property
- 2.The Defendant to vacate and hand over possession of the suit property to the 1st Plaintiff within thirty (30) days, in default of which the 1st Plaintiff may apply for warrants of forceful eviction
- 3.Kshs. 8,745,209.40 mesne profits as at June 2021 with interest at court rates until payment in full to the 1st Plaintiff
- 4.Additional mesne profits at Kshs. 103,422/- per month from July 2021 to 31st December 2021 with interest to the 1st Plaintiff
- 5.Additional mesne profits at Kshs. 108,593.10 per month from 1st January 2022, increasing by 5% annually until possession is delivered, to the 1st Plaintiff
- 6.Kshs. 4,417,090.49 rent arrears as at 12th August 2012 with interest at court rates until payment in full to the 2nd Plaintiff
- 7.Costs of the suit to the 1st and 2nd Plaintiffs
- 8.Defendant's counter-claim against the 1st Plaintiff dismissed with costs
- 9.Defendant's counter-claim against the 2nd Plaintiff dismissed with costs
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over disputes relating to ownership, occupation and title to land
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (7)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Jozef & another v Kizondo & 3 others (Land Case E055 & 3 of 2024 (Consolidated)) (16 June 2026) (Directions) [2026] KEELC 3837 (KLR)[2026] KEELC 3837 (KLR)16 Jun 2026applied
- Mwangi (Personal representative of the Estate of Stephen Flavian Mwangi - Deceased) v Waiharo & 2 others (Land Case E041 of 2024 & Enviromental and Land Originating Summons E001 of 2021 (Consolidated)) (29 October 2025) (Directions) [2025] KEELC 7585 (KLR)[2025] KEELC 7585 (KLR)29 Oct 2025applied
- Rahimkhan & another v County Government of Kwale & 5 others (Environment & Land Case 4 of 2024) [2025] KEELC 500 (KLR)[2025] KEELC 500 (KLR)13 Feb 2025applied
- Ngaine (Suing as a Legal Representative of the Estate of John Mbeti Muriithi-Deceased) v Kamau & 5 others (Environment and Land Case Civil Suit E339 of 2022) [2023] KEELC 598 (KLR)[2023] KEELC 598 (KLR)9 Feb 2023applied
- Okiya Omtatah Okoiti v Cabinet Secretary, Industry,Trade and Co-operatives & 13 others; Kenya Bureau of Standards & another(Interested Parties) [2021] KEELRC 1264 (KLR)[2021] KEELRC 1264 (KLR)9 Jul 2021
- Bernard Mbalilwa Juma & 4 others v Zakaria Mbalilwa Adriano [2021] KEELC 3621 (KLR)[2021] KEELC 3621 (KLR)21 Apr 2021applied
- Fabian Esemai & another v Priscilla Jeserek Telieny [2021] KEELC 3899 (KLR)[2021] KEELC 3899 (KLR)9 Mar 2021applied
Cite this brief
#Cite this brief
Caselaw, "Okoto & another v Wasunna (Sued as the Administrator of the Estate of Edwin Dickson Wasunna - Deceased) (Environment and Land Case Civil Suit 1000 of 2012 & 403 of 2014 (Consolidated)) [2024] KEELC 3490 (KLR)", Case Analysis (2024). ELC No. 1000 of 2012 (Consolidated with ELC No. 403 of 2014, formerly CMCC No. 9093 of 2005). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3490/eng@2024-04-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.