Maranya v Mendembo & another (Environment & Land Case 74 of 2022) [2025] KEELC 261 (KLR)
The bottom line
#A Malindi court ruled that 30 years of occupation does not create ownership rights when the land was still government property, ordering the occupants evicted.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff lawfully acquired the suit property by allotment
The Plaintiff fulfilled the conditions in the allotment letter by accepting the offer and paying all requisite fees; the delay in issuance of the lease was attributable to the survey process, and no fraud can be imputed on her.
The land was allocated by an allotment letter dated 15th September 1992. The Plaintiff accepted the offer, as confirmed by the Department of Lands' letter of 25th February 1994 directing survey, and paid all requisite fees. The allotment letter set no timeline for payment, so the alleged 90-day condition was unfounded. The Survey Department's delay explained why the lease only issued in 2022. Fraud cannot therefore be imputed on the Plaintiff's acquisition.
Whether the Defendants had acquired title by adverse possession
Adverse possession cannot run against Government land; the land remained Government land until the lease issued to the Plaintiff in 2022, so time began running only then and the Defendants' claim fails.
Prior to issuance of the lease, the suit land was Government land. It is trite that adverse possession cannot accrue against land owned by the Government. Relying on Titus Kigoro Munyi v Peter Mburu Kimani, time for adversity runs only from registration of the proprietor's interest. Since the lease issued in 2022, the Defendants' claimed 30-plus years' occupation could not constitute adverse possession, and their legitimate expectation of settlement did not defeat the Plaintiff's title.
Legal principles established
#- Adverse possession cannot accrue against land owned by the Government; the doctrine is inapplicable to public, trust or Government land.
- Where land is converted to private land, time for adverse possession is computed from the time the lease/registration is issued to the proprietor.
- An offer of allotment that is open and not specific as to the period for acceptance can only be revoked by communication to the offeree.
Court orders
#- 1.A declaration that the Defendants' continued occupation and subsequent actions on the Plaintiff's suit property known as Plot No. 1111 (CR. 80759) are unlawful and constitute illegal trespass
- 2.Eviction issued against the Defendants, who are to vacate the suit property within 90 days after the delivery of the judgment
- 3.An order compelling the OCS Watamu Police Station to enforce and supervise compliance with the eviction order after the lapse of 90 days in case the Defendants refuse or neglect to vacate the suit property
- 4.A permanent injunction restraining the Defendants from trespassing, re-entry, occupying, and/or interfering with the suit property
- 5.Costs of the suit to the Plaintiff
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over disputes relating to land (Environment and Land Court Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maranya v Mendembo & another (Environment & Land Case 74 of 2022) [2025] KEELC 261 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/261/eng@2025-01-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.