Karema v Ndundi & 3 others (Environment and Land Case 171 of 2018) [2025] KEELC 5934 (KLR)
The bottom line
#The Environment and Land Court in Malindi dismissed a squatter's bid to claim land through adverse possession because the rightful owner had paid the Settlement Fund Trustees in full and held a valid title.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff acquired title to Malindi/Shaurimoyo/482 by adverse possession
Claim failed; the land was part of the SFT Programme, was properly offered to the 1st Defendant who paid the SFT in full and obtained title, and the Plaintiff paid nothing to the SFT
The court framed the dispute as one of rectification of the register based on prescription. It reviewed Part IX of the Land Act establishing settlement programmes and the SFT regime. Authorities establish SFT land is not government land and SFT's interest is that of a chargee. Evidence showed allocation to the 1st Defendant with full payment and title issuance; the Plaintiff's long occupation as a squatter did not displace that title, and he never paid the SFT to qualify for allocation.
Whether the register should be rectified to substitute the Plaintiff's name for the 1st Defendant's
No rectification; the registration of the 1st Defendant was not shown to be mistaken
The Plaintiff pleaded mistaken registration and sought rectification under the pleadings, but his own testimony was framed in prescription. The court found on the pleadings and evidence that the land was allocated to the 1st Defendant under the Settlement Fund Trustee Scheme, and the Plaintiff could not demonstrate eligibility or payment, so no legal basis for rectification existed.
Legal principles established
#- Adverse possession requires 12 years of open and continuous use of the land
- Land owned by the Settlement Fund Trustees is not government land; the SFT's interest is that of a chargee
Court orders
#- 1.The Plaintiff's claim was dismissed
- 2.Costs of the suit awarded to the Defendants
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land parcel Malindi/Shaurimoyo/482
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Karema v Ndundi & 3 others (Environment and Land Case 171 of 2018) [2025] KEELC 5934 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5934/eng@2025-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.