Kayongo v Gikonyo & another (Environment & Land Case E291 of 2022) [2025] KEELC 3356 (KLR)
The bottom line
#A Nairobi court cancelled rival title documents and confirmed a 2005 plot buyer as the rightful owner, because the rival knew someone already lived on the land.
What this practically means
#Executive summary
#Key legal issues
#Whether the 2nd defendant's registered certificates of lease over the suit properties were validly obtained
The certificates of lease were obtained irregularly and fraudulently; the 2nd defendant, aware of the plaintiff's presence on the land, was a party to the fraud. Her counterclaim was dismissed.
The court traced the 2nd defendant's documents: allocation of plots R50 and R51 was proved, but the conversion of R50 and R51 into Block 105/4990 and 4991 was not corroborated, notably by the surveyor who re-established beacons. By the time of the 2009 beacon re-establishment payment, the plaintiff was already in occupation, corroborated by pleadings in the 2006 case against Kimani and Wanjiru. Processing titles while aware of the plaintiff's presence amounted to participation in fraud.
Whether the plaintiff purchased the suit properties from Embakasi Ranching Co. Ltd and proved her ownership
The plaintiff proved her purchase and possession on a balance of probabilities; she was a bona fide purchaser for value without notice of the 2nd defendant's claim.
The sale agreement of 12th July 2005 specifically listed the suit plots; the cheque to Omar Shenga bore an acknowledgement stamped by Embakasi Ranching; the company issued non-member certificates and letters seeking consent to transfer; and judgment in ELC 1125/2016 in the plaintiff's favour against the company was never set aside. No evidence from the company or Registrar of Companies proved lack of authority of those who executed the documents, and no steps were taken between 2007 and 2022 to evict the plaintiff.
Whether the fraud alleged against the plaintiff was proved
The particulars of fraud pleaded by the 2nd defendant against the plaintiff were not proved.
No evidence was led that the company's regulations did not provide for non-member certificates, nor that the plaintiff's certificates were forged. The cheque, though issued to an individual, bore the company's stamp of acknowledgement. The 2nd defendant, who alleged the sale to the plaintiff was fraudulent, failed to join Embakasi Ranching or call a witness from it to discredit the documents.
Legal principles established
#- A certificate of title is prima facie evidence of ownership but may be challenged on the ground of fraud or misrepresentation to which the proprietor is a party, or where the title was acquired illegally, unprocedurally or through a corrupt scheme (section 26, Land Registration Act).
- A party alleging fraud must prove it; the burden lay on the 2nd defendant to show the plaintiff's transaction was fraudulent and on the plaintiff to impugn the 2nd defendant's title.
- A party alleging that a company's officers acted without authority must adduce conclusive evidence of directorship (e.g. a CR-12) or call the company, not rely on letterheads.
Court orders
#- 1.Judgment entered in terms of prayers (i) to (v) of the amended plaint: permanent injunction restraining the defendants from entering, occupying or trespassing on the suit properties; mandatory injunction to restore the suit property; declaration that the plaintiff is the lawful owner of LR No. Nairobi Block 105/4990 and 105/4991; eviction order against the defendants enforceable by Ruai Police Station; and cancellation of the Certificates of Lease issued to the 2nd defendant on 19th September 2016
- 2.Costs of the suit awarded to the plaintiff
- 3.The 2nd defendant's counterclaim dismissed
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over disputes relating to title and possession of land (Environment and Land Court Act), and section 26 of the Land Registration Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kayongo v Gikonyo & another (Environment & Land Case E291 of 2022) [2025] KEELC 3356 (KLR)", Case Analysis (2025). ELC Case No. E007 of 2022 (Nairobi) – plaint dated 14th September 2022, amended 18th October 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3356/eng@2025-03-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.