Wamalwa & 11 others v Pentecostal Evangelistic Fellowship of Africa - Soy (Registered Trustees) & 5 others (Enviromental and Land Originating Summons 14 of 2014) [2025] KEELC 5326 (KLR)
The bottom line
#The Environment and Land Court in Eldoret dismissed a claim that long occupation gave villagers ownership, ruling the land became public land when its lease expired.
What this practically means
#Executive summary
#Key legal issues
#Who is the registered owner of the suit property LR. No. 6455/1?
The suit property is public land held by the 3rd Defendant in trust for citizens, the lease having expired on 01.03.2008, and it is not connected to the 1st Defendant's parcel Navillus/2182 which was created from LR. No. 6455/2.
PW1 testified the suit property was registered to Soy Settlement Limited under a 99-year lease from 01.03.1909, expiring 01.03.2008. The court found the 1st Defendant's parcel Navillus/2182 emanated from LR. No. 6455/2, not the suit property. Upon expiry of the lease the land reverted to the Government of Kenya and became public land.
Whether the Plaintiffs acquired title by adverse possession
The claim fails because the land is public land and Section 41 of the Limitation of Actions Act bars adverse possession claims over public land; further, the conversion of the OS to a Plaint extinguished the adverse possession claim.
The court held that conversion of the Amended OS into a Plaint on 02.07.2024 changed the issues and effectively ended the adverse possession claim, yet the Plaintiffs continued litigating as if it were still an adverse possession suit. On the merits, once the lease expired the land became public land, and Section 41 of the Limitation of Actions Act bars such a claim.
Whether the court should direct allocation of the suit property to the Plaintiffs
No. Alienation of public land is governed by the National Land Commission Act and the court declined to direct the Commission.
Having found the suit property is public land and that the 1st Defendant's title arose from a different parcel, the court held that alienation of LR. No. 6455/1 must follow the National Land Commission Act, No. 5 of 2012, and it would not usurp the statutory mandate of the 3rd Defendant by granting priority allocation to the Plaintiffs.
Legal principles established
#- Upon expiry of a lease, the land reverts to the Government of Kenya and becomes public land
- Adverse possession cannot be claimed over public land
- The court will not direct the National Land Commission on the administration or alienation of public land
Court orders
#- 1.The amended OS dated 25th March, 2023 and converted to a plaint on the 02.07.2024 be and is hereby dismissed.
- 2.The Plaintiffs jointly and severally are condemned to pay costs of this proceeding to the Defendants herein.
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land (adverse possession and public land alienation) claims
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wamalwa & 11 others v Pentecostal Evangelistic Fellowship of Africa - Soy (Registered Trustees) & 5 others (Enviromental and Land Originating Summons 14 of 2014) [2025] KEELC 5326 (KLR)", Case Analysis (2025). Amended Originating Summons dated 25.05.2023 (converted to a Plaint on 02.07.2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5326/eng@2025-07-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.