Macharia & 3 others v County Government of Kajiado (Environment and Land Case Civil Suit 624 of 2017) [2024] KEELC 6948 (KLR)
The bottom line
#Kajiado's county government must pay six Ngong landowners for demolishing their property after a court confirmed their titles were valid all along.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit land was private or public land
The suit land became private land upon alienation by the defendant's predecessor, and the plaintiffs lawfully acquired it
The court found certificates of lease, official searches, letters of allotment and approved transfers proved lawful acquisition. The defendant, beyond alleging invalidity, called no rebuttal evidence; its only witness, the County Surveyor, spoke solely to a resurvey and said nothing about ownership. The title documents were thus unrebutted prima facie proof of absolute ownership under Section 26(1) of the Land Registration Act.
Whether the defendant is estopped from denying the plaintiffs' ownership
The defendant is estopped from denying the plaintiffs' ownership
The defendant received rates payments from the plaintiffs, and judicial notice was taken that A.M. Leina (secretary of the plots allocation committee) and Daniel Ole Muyaa (chairman of Kajiado County Council) sold some plots to the 1st and 4th plaintiffs. A purchaser would be excused any suspicion buying from such officials. The general estoppel rule under Section 120 of the Evidence Act binds the defendant to its predecessors' acts.
Whether Gazette Notice Vol. CXII-No. 124 revoking title had legal effect
The Gazette Notice has no legal effect because it was quashed in Miscellaneous Application No. 129 of 2011 and no appeal was preferred
The High Court had ruled in favour of the plaintiffs' judicial review application on 31/10/2012 quashing the revocation. The defendant's witness admitted under cross-examination he was unaware of any appeal, and none was pleaded. The quashed revocation therefore never attained legal validity.
Which orders have the plaintiffs proved
Judgment entered in terms of prayers (a), (b), (e), (f) and (h); injunction prayers unavailable as the structures were demolished and the land put to different use
Although the plaintiffs proved their claim on a balance of probabilities, the injunction and quiet possession prayers could not issue because the property had been demolished and the land converted to another use. The alternative compensatory damages prayers remained available and were granted.
Legal principles established
#- Land alienated by a local authority becomes private land, and certificates of lease, official searches and letters of allotment are prima facie evidence of ownership under Section 26(1) of the Land Registration Act
- A public body is estopped from denying title where it accepted rates and where land was purchased from its officials, binding it to the acts of its predecessors
Court orders
#- 1.Judgment entered for the plaintiffs against the defendant in terms of prayers (a), (b), (e), (f) and (h) of the amended plaint dated 23/10/2018
- 2.Declaration that the plaintiffs lawfully acquired the suit property and are the lawful owners or allottees entitled to quiet and vacant possession (prayer a)
- 3.Declaration that the defendant's acts of forcefully possessing the suit parcels amount to trespass and conversion (prayer b)
- 4.Compensatory damages in the alternative assessed amounts (prayer f)
- Jurisdiction invoked
- Original civil jurisdiction over a claim relating to land; no specific constitutional or statutory provision invoked
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Macharia & 3 others v County Government of Kajiado (Environment and Land Case Civil Suit 624 of 2017) [2024] KEELC 6948 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6948/eng@2024-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.