Mohammed & another (Suing as personal representatives of Ahamed Mohammed Khalid - Deceased) v Wafula & 4 others (Environment and Land Appeal 24 of 2022) [2025] KEELC 529 (KLR)
The bottom line
#The Environment and Land Court in Bungoma dismissed a property buyer's appeal because he could not prove the 2011 rates auction that supposedly gave him the plot.
What this practically means
#Executive summary
#Key legal issues
#Whether the Appellant proved the public auction of Bungoma Township/291
The Appellant failed to prove that the auction took place; no date, place or evidence of public notification was presented
The claim hinged on a purported purchase at a public auction pursuant to the statutory power of sale under the Rating Act. The plaint did not plead the date and place of the auction, and no evidence of publication or conduct of the auction was adduced. The trial Magistrate's finding on this seminal fact was affirmed, the burden of proof on a balance of probabilities not having been discharged.
Whether the County Government of Bungoma lawfully exercised its statutory power of sale
The County Council and its predecessor acted illegally and unlawfully in purporting to auction the property without due process, having failed to verify the registered owner
The certificate of official search showed the property was registered in the name of Carolyne Akinyi Wafula on 12/3/2001, well before the 2011 purported auction. The County nonetheless advertised and sold against the deceased original allottee's name without confirming ownership at the lands office, rendering the purported exercise of the statutory power of sale under the Rating Act Cap. 267 illegal.
Whether the trial Magistrate's judgment should be disturbed
The trial Magistrate properly evaluated and analysed the evidence and applied the applicable law; his findings were not faulted
On a first appeal the court considered the pleadings, proceedings and exhibits and found the trial Magistrate's evaluation of evidence and application of law sound. The judgment had correctly found that the auction was unproved and that the claim for Kshs. 3,000,000 in special damages failed for want of specific pleading and proof. The appeal was therefore devoid of merit.
Legal principles established
#- A public auction requires publication and proof that it was held publicly at a given date and time; a party asserting an auction bears the burden of proving it on a balance of probabilities
- Special damages must be specifically pleaded and specifically proved
- A purchaser must exercise due diligence, and a rating authority must confirm the registered owner before exercising its statutory power of sale
Court orders
#- 1.The appeal is dismissed with costs
- 2.Orders accordingly
- On appeal from
- Magistrates' Court (Environment and Land), Bungoma
- Bungoma CM-ELC No. 78 of 2020 (formerly 128 of 2012)
- Jurisdiction invoked
- First appeal against the judgment of the trial Magistrate in Bungoma CM-ELC No. 78 of 2020
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohammed & another (Suing as personal representatives of Ahamed Mohammed Khalid - Deceased) v Wafula & 4 others (Environment and Land Appeal 24 of 2022) [2025] KEELC 529 (KLR)", Case Analysis (2025). Bungoma ELC Appeal (formerly Bungoma CM-ELC No. 78 of 2020, formerly 128 of 2012). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/529/eng@2025-02-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.