Chege (Suing as Legal Representative of Murera 900 Self-Help Group) v Kiratu & another (Environment and Planning Originating Summons E001 of 2023) [2025] KEELC 5770 (KLR)
The bottom line
#A Kenyan court handed 28 families full title to land they had lived on for over 12 years, cancelling the registered owner's title through adverse possession.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff met the threshold for adverse possession
The court found the threshold met, members having occupied the suit land peacefully and continuously for periods ranging from 15 to 29 years
The Plaintiff, through its chairman and a licensed surveyor, proved purchase of 28 plots from Kamuingi Kuhotana Investments, issuance of share certificates and plot allocation certificates, physical possession with houses constructed, and occupation for 15 to 29 years. Official searches showed the land registered to the 1st Defendant since 1988 with no connection to the seller. No evidence was adduced by the Defendants, who did not enter appearance despite substituted service.
Legal principles established
#- A claimant seeking title by adverse possession must prove non-permissive, non-consensual, actual, open, notorious, exclusive and adverse use for the statutory period without interruption
Court orders
#- 1.A declaration that members of Murera-900 Self Help Group have been in peaceful and continuous occupation of Land Parcel Numbers Ruiru East Block 2/897 and Ruiru East Block 2/900, for a period in excess of 12 years and have acquired title by adverse possession
- 2.An order directing the Land Registrar Ruiru to cancel the 1st Defendant's title over Land Parcel Numbers Ruiru East Block 2/897 and Ruiru East Block 2/900 and register the same in the names of the Members of Murera-900 Self Help Group in accordance with the survey report by Geodetic Land Surveyors dated 11th March 2025, and issue them with the relevant titles
- 3.The 1st Defendant to bear the costs of the suit
- Jurisdiction invoked
- Sections 7 and 38(1) of the Limitation of Actions Act (Cap 22)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chege (Suing as Legal Representative of Murera 900 Self-Help Group) v Kiratu & another (Environment and Planning Originating Summons E001 of 2023) [2025] KEELC 5770 (KLR)", Case Analysis (2025). Originating Summons dated 6th June 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5770/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.