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ELCDismissedOriginating Summons dated 22nd February, 2013· [2025] KEELC 2980 (KLR)

Cherogony v Rono & 4 others (Environment & Land Case 212 of 2013) [2025] KEELC 2980 (KLR)

Environment and Land Court
28 March 2025
AOAntony O. Ombwayo
8,351 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~33 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court dismissed a 2013 adverse possession claim filed before the 12-year clock had run on formerly government-owned land.

What this practically means

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Executive summary

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The Plaintiff, Matthew Chebon Cherogony, filed an originating summons dated 22nd February 2013 seeking a declaration that he had acquired by adverse possession eight parcels in Nakuru Municipality Block 29 (Rhoda), orders for his registration as proprietor, and that the Defendants execute conveyance documents. He testified that he had occupied and farmed the parcels since 1980, originally as an alleged member or occupier of land belonging to Kalenjin Enterprises Co. Ltd (original title LR No. 6273), and had developed structures, buried his father on one parcel and harvested sand. Several Defendants held titles first registered in their names between 2002 and 2013, with the green cards first opened on 29th March 2000 with the Government of Kenya as first entry. The Land Registrar confirmed the register but could not explain the first entry or produce parcel files. The 10th Defendant argued the claim was premature, that no prescriptive rights run against government land, and that 12 years from his July 2002 registration would lapse only in 2015. The court framed two issues: whether the Plaintiff's occupation constituted adverse possession, and costs. Applying Kasuve v Mwaani Investments and Chevron (K) Ltd v Harrison Charo Wa Shutu, the court held that time does not run against government land and only begins upon registration of a private proprietor, so the earliest accrual was 9th July 2002 and the claim filed on 22nd February 2013 was short of the statutory twelve years. The Plaintiff was held to have failed to prove acquisition by adverse possession. The suit was dismissed with each party bearing its own costs.

Key legal issues

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01

Whether the Plaintiff's occupation of the suit parcels constituted adverse possession

Holding

No - the suit was premature because the statutory 12-year period had not elapsed when the summons was filed

Reasoning

The green cards were first opened on 29th March 2000 with the Government of Kenya as first entry, and the first private registrations occurred around 2002 (e.g. 9th July 2002). Relying on Chevron (K) Ltd v Harrison Charo Wa Shutu, the court held time does not run against government land, so the 12-year period would only expire on 9th July 2014. The summons filed on 22nd February 2013 was therefore premature and the Plaintiff failed to prove adverse possession.

p. 13
02

Who should bear the costs of the suit

Holding

Each party to bear its own costs

Reasoning

Having dismissed the suit, the court exercised its discretion on costs without awarding costs to any party.

p. 13

Legal principles established

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  • A claimant in adverse possession must prove exclusive, open, uninterrupted possession as of right for 12 years
  • Time does not run against land held by government; it starts running only upon registration of a private proprietor as owner
  • The doctrine of adverse possession can only operate against a known registered owner, and computation of time begins upon issuance of title and entry in the register

Court orders

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  1. 1.The Plaintiff's suit is dismissed
  2. 2.Each party to bear its own costs

Authorities

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Legislation

  • Limitation of Actions ActSection 7
  • Limitation of Actions ActSection 13
  • Limitation of Actions ActSection 37
  • Limitation of Actions ActSection 38(1) and (2)
  • Limitation of Actions ActSection 41(a)(1)
  • Civil Procedure ActSection 27

Cases cited (9)

  • Kasuve v Mwaani Investments Limited & 4 Others
    1 KLR 184
  • Tabitha Waitherero Kimani v Joshua Nga’ng’a
    [2017] eKLR
  • Wambugu v Njuguna
    [1983] KLR 173
  • Royal Media Services Ltd v AG & 2 Others
    [2013] eKLR
  • AG v Sudiji Trading as Crystal
  • Joseph Letuya & 21 Others v AG & 5 Others
    eKLR
  • Alice Wamugo Nyaga & 3 Others v Mbogo Njau
    [2019] eKLR
  • Ravji Karjam Sangani v Peter Gakuru
    [2019] eKLR
  • Chevron (K) Ltd v Harrison Charo Wa Shutu
    [2016] KECA 248 (KLR)
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under the Limitation of Actions Act (adverse possession claim by originating summons)

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, "Cherogony v Rono & 4 others (Environment & Land Case 212 of 2013) [2025] KEELC 2980 (KLR)", Case Analysis (2025). Originating Summons dated 22nd February, 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/2980/eng@2025-03-28

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