Kihanya & 2 others v Attorney General & another (Enviromental and Land Originating Summons E028 of 2025) [2025] KEELC 8002 (KLR)
The bottom line
#Kenya's Environment and Land Court issued a vesting order letting grandchildren inherit land registered in their late grandmother's name, unlocking compensation for compulsory acquisition.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to vesting orders upon death of a trustee
The court has equitable jurisdiction to issue vesting orders where a trustee's death prevents transfer of trust property to beneficiaries.
Sections 24, 25 and 26 of the Land Registration Act recognise that a registered proprietor may hold land in trust, and such beneficial interest is enforceable notwithstanding the register. Section 60 of the Trustee Act confers power to issue vesting orders where a trustee cannot execute transfer, as on death. Order 37 Rules 1 and 8 of the Civil Procedure Rules allow beneficiaries to seek determination of trust questions. Re Estate of Mwangi Giture confirms vesting orders as appropriate remedies for transmission from a deceased trustee.
Trust in favour of the plaintiffs established on evidence
The plaintiffs proved they were minors at registration and the grandmother held the property in a fiduciary capacity; her death left no surviving trustee, blocking dealings including compensation for compulsory acquisition.
The exhibited documents showed the plaintiffs were minors at the time of registration and the trustee managed the property until her death on 24th June 2023. The National Land Commission's uncontroverted correspondence confirmed compulsory acquisition and that compensation required a title deed in the rightful owners' names. With no contrary claim, the threshold for vesting orders was met.
Legal principles established
#- Where a trustee dies holding trust property in their name, beneficiaries may seek vesting orders to perfect beneficial ownership in law.
- Even in unopposed applications, the applicant bears the burden of demonstrating entitlement to the orders sought.
Court orders
#- 1.A Vesting Order issued vesting LR Muguga/gitaru/1565 in the names of Eva Wangui Kihanya, Mark Kahinga Kihanya and Edwin Kibui Kihanya as beneficial owners
- 2.The Land Registrar, Kiambu directed to rectify the land register for LR Muguga/gitaru/1565 and issue a Title Deed in the names of the plaintiffs
- 3.Each party to bear their own costs
- Jurisdiction invoked
- Order 37 Rules 1 and 8 of the Civil Procedure Rules; sections 24, 25 and 26 of the Land Registration Act; section 60 of the Trustee Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kihanya & 2 others v Attorney General & another (Enviromental and Land Originating Summons E028 of 2025) [2025] KEELC 8002 (KLR)", Case Analysis (2025). Originating Summons dated 21st July 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8002/eng@2025-11-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.