Njagi v Gichigo & another (Environment and Land Appeal E041 of 2023) [2025] KEELC 1410 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that succession proceedings can end a customary land trust, and children must prove such claims themselves.
What this practically means
#Executive summary
#Key legal issues
#Whether a customary trust existed over Ngariama/Thirikwa/952
No customary trust subsisted in favour of the Appellant and his siblings; the trust was halted by succession proceedings that registered the 1st Respondent and Phyllis Muthoni as co-tenants
The court applied the M'inanga criteria for customary trust and found that although the land was originally clan land given to Warui Njeru, succession proceedings determined the beneficiaries and extinguished any customary trust. The Appellant and his siblings could not contest the entitlement of Phyllis Muthoni, their uncle's widow, and failed to discharge the burden of proving a trust.
Whether the land was held jointly or in common by the 1st Respondent and Phyllis Muthoni
The land was held as tenants in common in equal shares by presumption under Section 91(2) of the Land Registration Act, 2012, since the register did not specify the nature of the co-ownership
The register opened on succession did not specify whether the registration was joint or in specific shares. Section 91(2) of the Land Registration Act, 2012 raises a presumption of tenancy in common in equal shares where the instrument does not specify the nature of rights. This presumption is rebuttable, and Phyllis Muthoni's share upon her death falls to be distributed through succession proceedings with her estate as a party.
Legal principles established
#- Where a transfer of land to two or more persons does not specify the nature of their rights, the presumption is tenancy in common in equal shares under Section 91(2) of the Land Registration Act
- The legal burden to prove a customary trust lies on the person asserting it
- Succession proceedings that determine beneficiaries of a deceased's estate halt a customary trust over the land
Court orders
#- 1.Appeal dismissed
- 2.Each party to bear their own costs of the Appeal and of the Court below
- On appeal from
- Principal Magistrate's Court, Gichugu
- Gichugu PMCC No. 29 of 2021
- Jurisdiction invoked
- First appeal to the Environment and Land Court from the Principal Magistrate's Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njagi v Gichigo & another (Environment and Land Appeal E041 of 2023) [2025] KEELC 1410 (KLR)", Case Analysis (2025). Gichugu PM ELC Appeal. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1410/eng@2025-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.