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ELCPartially Allowed· [2025] KEELC 1063 (KLR)

Registered Trustees Redeemed Gospel Church v Gichana; National Land Commission & another (Defendant to the Counterclaim) (Environment & Land Case 32 of 2008) [2025] KEELC 1063 (KLR)

Environment and Land Court
4 March 2025
4,485 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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The Kisii Environment and Land Court declared a church the genuine owner of disputed land, nullified the rival title for lacking a proven root of title, and awarded costs.

What this practically means

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Executive summary

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This first-instance Environment and Land Court decision at Kisii resolved competing claims of title to land parcel Kisii Municipality/Block II/224. The plaintiff church purchased Plot No. 42 at a public auction in 2001, discovered that one of the two houses on it stood on adjoining unalienated land, and successfully applied for allotment of that adjoining parcel, culminating in a registered lease and Certificate of Lease on 25 April 2008. The defendant, an advocate, claimed the plot had first been allotted to one Cleophas Kebati Ondieki in 1999, from whom he acquired it, and produced a Certificate of Lease dated 6 July 2004. The Commissioner of Lands, however, wrote on 12 October 2007 declaring the defendant's lease and certificate forgeries not emanating from his office and ordered their expungement. The court analysed the root of both titles and found the defendant's documentation wanting: no allocation minutes, no PDP, no payment receipts, an allotment letter dated a Sunday, and no proof of lease registration. His explanation for lost originals was rejected, and Mr. Ondieki was never called as a witness. Three prior judicial decisions (Mwera J's injunction ruling, the Court of Appeal's refusal of stay, and Okong'o J's judicial review judgment) had all flagged defects in the defendant's title. The court declared the plaintiff the genuine title holder, ordered the defendant's title nullified and expunged, granted a permanent injunction, declined eviction as the plaintiff was already in possession, dismissed the counterclaim, and awarded costs to the plaintiff.

Key legal issues

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01

Which party holds the better title to Kisii Municipality/Block II/224

Holding

The plaintiff's title, flowing from a documented allocation process (PDP, gazettement, no-objection letters, allotment letter, registered lease and Certificate of Lease) is genuine; the defendant's title has no demonstrated root

Reasoning

The court compared the documentation behind both titles. The plaintiff traced her title through the auction purchase of Plot No. 42, a survey revealing the adjoining unalienated land, a PDP gazetted in 2003, departmental no-objection letters, an allotment letter, and registration as proprietor on 25 April 2008. The defendant produced only a copy allotment letter dated a Sunday, without PDP, allocation minutes, payment receipts or proof of registration of his lease, and whose lease the Commissioner of Lands declared a forgery and ordered expunged.

p. 6
02

Whether the defendant's explanation for missing documents (loss of originals upon eviction from his law firm's offices) sufficed

Holding

It did not; copies were obtainable from third parties and the alleged first allottee, Mr. Ondieki, was not called as a witness

Reasoning

The court rejected the defendant's explanation, noting that copies of the PDP, allocation minutes and the sale agreement were obtainable from the Physical Planner, the County Government and the advocate who prepared the agreement. Mr. Ondieki, alleged to be the first proprietor, was never called as a witness, and no document was produced confirming his allotment or payment. The defendant conceded his allotment letter bore no PDP number and that he had no receipts for stamp duty or registration.

p. 6
03

Whether prior judicial findings on the defendant's title bore on the outcome

Holding

Yes; three different judges had previously found problems with the defendant's title, and the judicial review court, though finding a procedural failure, never validated the defendant's title

Reasoning

Mwera J had found the defendant's lease expunged and granted the plaintiff an injunction in 2008; the Court of Appeal declined stay in 2009; and Okong'o J in the judicial review suit found the Commissioner of Lands failed to hear the defendant first, but refused certiorari, noting the allotment letter was dated a Sunday when government offices do not operate, and that no court shall lend its aid to a cause founded on an illegal act.

p. 7
04

Whether the plaintiff's suit was a non-starter for want of authority of Pastor Chengo, and whether the PDP was improper for ignoring the defendant's title

Holding

Both arguments were rejected: the authority objection was a red herring not raised preliminarily, and the PDP naturally omitted a title of which no quarter was aware

Reasoning

Counsel for the defendant argued Pastor Chengo lacked authority to sign the verifying affidavit. The court held that any doubt about authority should have been raised and tested at the preliminary stages of the suit, and as Bishop of Nyanza region Chengo would have authority. On the PDP, the court found that those preparing it could not have acknowledged a title of which they were unaware, since no quarter appeared to have been aware of any title issued to the defendant.

p. 7

Legal principles established

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  • Competing claims to land are decided on the documentation supporting the genuineness of each title and on the root of title; a title without a legitimate source is not good title
  • A party who alleges a genuine title must adduce evidence to support it; absent such evidence the claim fails

Court orders

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  1. 1.Declaration that the plaintiff is the genuine title holder of the suit property
  2. 2.The title of the defendant be nullified and expunged from the records of the District Land Registry in Kisii
  3. 3.Permanent injunction restraining the defendant from interfering with the plaintiff's quiet possession of, or entering into any dealings over, the suit land
  4. 4.Dismissal of the defendant's counterclaim with costs
  5. 5.Defendant to pay the costs of the suit and the dismissed counterclaim
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over ownership of land parcel Kisii Municipality/Block II/224 (title and counterclaim determined in first instance)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Registered Trustees Redeemed Gospel Church v Gichana; National Land Commission & another (Defendant to the Counterclaim) (Environment & Land Case 32 of 2008) [2025] KEELC 1063 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1063/eng@2025-03-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.