East African Portland Cement Co Ltd & 6 others v Kathilu & 322 others; Kenya National Organization for Victims of Ethnic Clashes & others (Interested Party) (Environment & Land Case 155 of 2016 & 1190 & 1108 of 2015 & Petition 40 of 2016 & Judicial Review 90 of 2016 & Miscellaneous Application 428 of 2015 & Judicial Review Application 04 of 2016 (Consolidated)) [2024] KEELC 7095 (KLR)
The bottom line
#A Kenyan court confirmed East African Portland Cement owns disputed Machakos land, ordered hundreds of occupants out within 90 days, and awarded KES 5 million.
What this practically means
#Executive summary
#Key legal issues
#Ownership of the suit properties
The Plaintiff is the absolute proprietor of the suit properties by virtue of its Certificates of Title, which no party proved had been revoked
The Plaintiff produced Certificates of Title. No witness demonstrated revocation of the title by a court or the NLC. The fact that title to LR No. 10425 is registered in the Cabinet Secretary, Treasury's name does not invalidate the Plaintiff's ownership, as titles of parastatals are commonly held by Treasury in trust. The Ndungu Report's mention of the land did not cancel the title.
Adverse possession claims
The claims by the Defendants and Interested Parties failed; entry dates were not proved, groups registered late, and Section 41 of the Limitation of Actions Act bars adverse possession claims over public land
The defence witnesses represented welfare groups, most registered around the time the suit was filed (some in 2017). None demonstrated the exact entry date or the definitive portion each member occupied, so the 12-year period had not crystallized. Further, as a public entity, the Plaintiff's land is public land excluded by Section 41 of the Limitation of Actions Act.
Trespass and damages
The Defendants and Interested Parties are trespassers; the Plaintiff, having not proved valuation for mesne profits, was awarded Kshs. 5,000,000 as general damages including mesne profits
Trespass is an unjustifiable intrusion upon land in another's possession, actionable per se. Having held the Plaintiff to be owner and the Defendants to have entered without permission and built structures, trespass was established. As the Plaintiff provided no valuation reports, the court exercised discretion to award a global sum of Kshs. 5,000,000.
KNOVEC's allotment of LR No. 10425
The alleged allotment was void ab initio because the land was already registered in the Plaintiff's name when allotted
DW1 could not explain how KNOVEC was allotted land still registered in the Plaintiff's name. Since the land was not available for allotment, the allotment was void ab initio and KNOVEC was not entitled to the orders sought in its Counter-claim.
Legal principles established
#- A certificate of title is prima facie evidence of absolute and indefeasible ownership, challengeable only on proof of fraud, misrepresentation, or illegality
- A party claiming adverse possession must prove the date of entry and open, continuous, notorious and uninterrupted possession of a definitive portion of land for 12 years without the owner's permission
- Section 41 of the Limitation of Actions Act excludes Government/public land from acquisition by adverse possession
- A letter of allotment of land already registered in another's name is void ab initio
- Mere mention of a title in the Ndungu Commission Report does not cancel it absent revocation by a court or the NLC
Court orders
#- 1.A declaration that the Plaintiff is entitled to exclusive and unhindered right of possession and occupation of the suit properties (LR No. 12948/17 (I.R 39448/1), LR No. 10425 (I.R 17839), LR No. 8784 (1.R 75467), LR No. 7815/1, and LR No. 8786)
- 2.A declaration that the Defendants are illegally in occupation of the suit properties and are trespassers
- 3.A declaration that the Defendants are not entitled to remain on the suit properties
- 4.A permanent injunction restraining the Defendants from remaining on or continuing occupation of the suit properties
- 5.The Defendants and Interested Parties to grant vacant possession of the suit properties within ninety (90) days, failing which an eviction order to issue with the Officer Commanding Police Station Athi River to assist in peaceful execution
- 6.General damages for trespass and mesne profits of Kshs. 5,000,000 awarded to the Plaintiff, jointly and severally borne by the Defendants and Interested Parties
- 7.Costs of the suit with interest on the damages award granted to the Plaintiff, jointly borne by the Defendants and Interested Parties
- 8.Dismissal of the two Counter-claims and the Originating Summons
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution over disputes relating to land
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Mwanjemo & 5 others v Kagiri & 9 others (Environment and Land Case 6 of 1972) [2026] KEELC 2361 (KLR)[2026] KEELC 2361 (KLR)24 Apr 2026
- Maingi v KCB Bank Kenya Limited (Land Case Appeal E019 of 2025) [2026] KEELC 1006 (KLR)[2026] KEELC 1006 (KLR)24 Feb 2026
Cite this brief
#Cite this brief
Caselaw, "East African Portland Cement Co Ltd & 6 others v Kathilu & 322 others; Kenya National Organization for Victims of Ethnic Clashes & others (Interested Party) (Environment & Land Case 155 of 2016 & 1190 & 1108 of 2015 & Petition 40 of 2016 & Judicial Review 90 of 2016 & Miscellaneous Application 428 of 2015 & Judicial Review Application 04 of 2016 (Consolidated)) [2024] KEELC 7095 (KLR)", Case Analysis (2024). ELC No. 155 of 2016 (Lead file), consolidated with ELC No. 532 of 2016 and four other suits. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7095/eng@2024-10-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.