Okelo & 3 others v Abiga (Suing as a Legal Representative of the Estate of William Abiga (Deceased) & another (Environment and Land Appeal E050 of 2024) [2025] KEELC 6679 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled that land within 30 metres of a lake or river is public riparian land that private titleholders cannot claim or evict fishing communities from.
What this practically means
#Executive summary
#Key legal issues
#Status of the occupied strip as riparian/public land
The land occupied by the UTA Beach Management Unit is riparian land, hence public land, and the trial court erred in declaring the Respondents its beneficial and registered owners and in evicting the Appellants
The survey reports showed the suit land extends to the water with no demarcated riparian strip, which the judge held was an erroneous finding in law. Rule 116 of the Water Resources Management Rules 2006 defines riparian land up to 30 metres from the bank; Article 62(1)(l) classifies land between high and low water marks as public land. The landing site was established with the help of the late William Abiga, and BMUs are recognised administrative structures. The Respondents therefore could not claim the riparian strip privately.
Award of damages for trespass
Once the land was held to be riparian/public land, the award of general damages for trespass of Kshs. 1,500,000 could not stand and was set aside
The judge reasoned that trespass requires entry on another's ground without lawful authority. Since the disputed area is riparian land used as a public fishing beach and landing site, the Respondents had no exclusive private title over it and the entry by the Appellants was not unlawful. The award, said to be made without supporting pleadings, therefore fell with the finding on ownership.
Legal principles established
#- Riparian land is public land under Article 62(1)(l) of the Constitution and, per Rule 116 of the Water Resources Management Rules 2006, may extend up to thirty metres from the bank; occupation of such a strip used as a fishing beach is not trespass by the registered owner
- A registered proprietor whose title borders a water body cannot claim the riparian strip as private land; courts take judicial notice that titles adjoining lakes and rivers often overlap riparian land
- On a first appeal the appellate court re-evaluates the evidence and draws its own conclusions while making due allowance for not having seen or heard the witnesses
Court orders
#- 1.The judgment and decree delivered by Hon. Nicodemus Moseti in Mbita Senior Principal Magistrates ELC Land Case No. E004 of 2023 delivered on 25th September 2024 is set aside in its entirety, with costs to the successful parties
- 2.The Appellants are awarded costs of the appeal
- On appeal from
- Mbita Senior Principal Magistrates Court (Environment and Land)
- ELC Land Case No. E004 of 2023
- Jurisdiction invoked
- First appellate jurisdiction over the trial court's decision (Memorandum of Appeal dated 7th September 2024)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Okelo & 3 others v Abiga (Suing as a Legal Representative of the Estate of William Abiga (Deceased) & another (Environment and Land Appeal E050 of 2024) [2025] KEELC 6679 (KLR)", Case Analysis (2025). Not stated in the judgment as provided (appeal against Mbita Senior Principal Magistrates ELC Land Case No. E004 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6679/eng@2025-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.