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ELCDismissedOriginating Summons dated 3rd August 2022· [2025] KEELC 6101 (KLR)

Ruto & 6 others v Gianchore Tea Factory & 5 others (Environment and Land Case E005 of 2022) [2025] KEELC 6101 (KLR)

Environment and Land Court
22 September 2025
4,144 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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What this practically means

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Executive summary

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Seven plaintiffs brought an Originating Summons against six tea factories seeking declarations that the factories' titles to Transmara/Moyoi/56 and 57 were extinguished by adverse possession, an order for their registration as proprietors, and a permanent injunction. The Originating Summons proceeded by viva voce evidence and was converted to a plaint. The plaintiffs claimed they purchased and occupied the land from 1989 under agreements with the previous owner, Paul Koinyatto. The defendants, registered owners since 2013, denied the plaintiffs were in occupation and contended the 12-year period had not run. The court summoned the Land Registrar, who filed a site report, and Paul Koinyatto, who testified he had rescinded the sale agreements, refunded the plaintiffs and evicted them, and that nobody was on the land when he sold in 2013. The court held the land was public land until registration on 02.03.2001, so time for adverse possession ran only from that date, accruing around 02.03.2013. Applying the elements in Andafu vs. Akhuonya, the court found the plaintiffs failed to prove occupation and open, notorious use: only two of seven plaintiffs testified, no independent witnesses corroborated occupation, the photographs were never formally produced, and the Land Registrar's evidence was discredited because he described iron-sheet roofs while the photographs showed grass thatch. The suit was dismissed with costs to the defendants.

Key legal issues

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01

Whether the plaintiffs proved adverse possession of Transmara/Moyoi/56 and 57

Holding

No. The plaintiffs failed to prove actual occupation and open/notorious use; the photographs were never produced as exhibits, no independent witnesses were called, and the Land Registrar's report was discredited for contradicting the photographs.

Reasoning

The court set out the six elements of adverse possession from Andafu vs. Akhuonya and examined whether they were met. Only two of seven plaintiffs testified; no chief, village elder or neighbour corroborated notoriety. The photographs were only marked for identification and thus carried no evidential value. The survey report lacked photographs or acreage, and the Land Registrar's testimony that houses had iron-sheet roofs contradicted the grass-thatched photographs, so his evidence was disregarded.

p. 9
02

From what date time ran for adverse possession given the land's history as public land under adjudication

Holding

Time ran only from registration on 02.03.2001, accruing after 12 years on about 02.03.2013; occupation between 1989 and 2001 was immaterial.

Reasoning

The properties were public land declared an adjudication section under the Land Adjudication Act. Being public land, they were excepted from the Limitation of Actions Act by section 41. Consequently, pre-registration occupation could not found an adverse possession claim, and time started in 2001 upon first registration of the suit parcels.

p. 7
03

Whether the plaintiffs' possession was consensual under agreements for sale, as the defendants contended

Holding

The court did not reach this question, having found the occupation and notoriety elements unproven.

Reasoning

The defendants argued entry was consensual under agreements of sale and relied on Muchanga Investments. The common witness Paul Koinyatto testified he rescinded the agreements, refunded the plaintiffs and evicted them, and that they were not in occupation when he sold in 2013. The court declined to examine further elements once two core elements failed.

p. 9

Legal principles established

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  • Where suit land was public land before registration, time for adverse possession only begins to run from the date of first registration, and prior occupation is immaterial
  • Documents merely marked for identification and not formally produced as exhibits have no evidential value
  • The burden of proving adverse possession lies on the person alleging it, guided by sections 107, 108 and 109 of the Evidence Act

Court orders

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  1. 1.The suit is dismissed with costs to the Defendants/Respondents

Authorities

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Legislation

  • Limitation of Actions Actsections 17 and 38
  • Limitation of Actions Actsection 41
  • Evidence Actsection 107
  • Evidence Actsections 107(1), 108 and 109
  • Land Adjudication Act

Cases cited (13)

  • Shedrack Bungei vs. Selina Jerotich
    (2021) eKLR
  • Wambuu vs. Njuguna
    1983 (eKLR) / 1983 KCR 172
  • Peter Mbiri Michuki vs. Mugo Michuki
    (2014) eKLR
  • Gulam Miriam Nourdi vs. Julius Charo Karisa
    (2015) eKLR
  • Gitiha vs. the Farmers Co-operative Society Limited
  • Muchanga Investments Ltd vs. Safaris (Unlimited) Africa and 2 Others
  • Cheromei vs. Muigai
    (2024)
  • Richard Wefwafwa Songoi vs. Ben Munyifwa Songoi
    (2020) eKLR
  • Andafu vs. Akhuonya
    (Civil Appeal 70 of 2019) 2025 KECA 714 KCR
  • Titus Mutuku Kasuve vs. Mwaani Investments Limited and 4 Others
    2024 eKLR
  • Titus Kigoro Mungi vs. Peter Mbuni Kimani
    Civil Appeal No. 28/2014
  • Karuntuli Ranji M'Mukinya
    2013 eKLR
  • Kenneth Nyaga Mwige vs. Austin Kiguta and 2 Others
    (2015) eKLR
Jurisdiction invoked
Original jurisdiction under the Environment and Land Court Act over a claim for adverse possession of land parcels Transmara/Moyoi/56 and Transmara/Moyoi/57, pursuant to sections 17 and 38 of the Limitation of Actions Act

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, "Ruto & 6 others v Gianchore Tea Factory & 5 others (Environment and Land Case E005 of 2022) [2025] KEELC 6101 (KLR)", Case Analysis (2025). Originating Summons dated 3rd August 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6101/eng@2025-09-22

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