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ELCPartially AllowedKimilili ELC Appeal (judgment on appeal from Kimilili PM-ELC Case No. 26 of 2019)· [2025] KEELC 8289 (KLR)

Njeru v Kamau & 5 others (Environment and Land Appeal E035 of 2025) [2025] KEELC 8289 (KLR)

Environment and Land Court
27 November 2025
4,967 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~20 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court cancelled a lease certificate and ruled expired public land reverts to the county government, not private parties.

What this practically means

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Executive summary

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This is a first appeal to the Environment and Land Court at Bungoma against the judgment of the Kimilili Principal Magistrate's Court in PM-ELC Case No. 26 of 2019, which had dismissed the Appellant's claim for possession of LR Kimilili/Kimilili/875/19 and allowed the 5th and 6th Respondents' counter-claim cancelling the Appellant's Certificate of Lease and reverting the land to Tela Kisaka alias Muholi Kisaka. The Appellant, widow and legal representative of Michael Kairu Njeru, contended that Njeru bought the whole plot from Tela Kisaka in 1984-1985, obtained a valid transfer and Certificate of Lease in 1988, and that fraud had not been strictly proved. The Respondents maintained the transfer was unregistered, fraudulent and effected after Kisaka's death. The court, applying Munyu Maina and Dina Management, held that once the root of title was challenged the Appellant had to prove legality of acquisition; her documentary bundle had been expunged by the trial court and never reinstated on appeal, so she failed to discharge the burden under Sections 107 and 109 of the Evidence Act. However, the court found the trial court's order reverting the land to Tela Kisaka erroneous: the original 33-year lease expired on 1st January 1989 without renewal, so the land reverted to the County Council of Bungoma as government land, and no party could derive title from the lapsed leasehold. The appeal partially succeeded: the trial judgment was set aside and substituted with orders cancelling the Certificate of Lease, reverting title to the County Government of Bungoma for fresh allocation, directing rectification of the register, and each party bearing own costs.

Key legal issues

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01

Whether the Appellant proved a lawful root of title to the suit property

Holding

No. With her documentary bundle expunged for want of leave, the Appellant had no admissible evidence to substantiate ownership, and the burden under Sections 107 and 109 of the Evidence Act was not discharged

Reasoning

The Appellant's documents were expunged for being filed out of time without leave and that ruling was never appealed. The appellate court is confined to the record as it stood before the trial court. Without those documents the Appellant could not prove the legality of the transfer process, and the certificate of lease alone was insufficient once its root was challenged on uncontroverted evidence of irregularity.

p. 9
02

Whether the trial court was right to revert the title to Tela Kisaka alias Muholi Kisaka

Holding

No. The original 33-year lease expired on 1st January 1989 and was never renewed, so the land reverted to the County Council as government land; the Respondents could derive no valid interest from a lapsed title

Reasoning

The Land Registrar's uncontroverted evidence showed the lease to Kanji ran 33 years from 1st January 1956 and lapsed on 1st January 1989. No application for renewal by Muholi Kisaka was on record. Reverting title to a deceased proprietor whose leasehold had terminated by operation of law would revive a non-existent interest; the proper reversion is to the lessor, the County Government of Bungoma.

p. 9
03

Whether the registered title of the Appellant was protected under the Land Registration Act

Holding

No. Sections 24, 25 and 26(1) confer protection, but under Section 26(1)(a) and (b) a title may be challenged for fraud, misrepresentation, illegality, unprocedural acquisition or corruption

Reasoning

The court restated the statutory framework and the case law requiring a proprietor whose root of title is impugned to prove the legality of acquisition. The transfer from Muholi Kisaka to Njeru was shown to be irregular - missing signatures, dates and presentation details - and effected after Kisaka's death, so indefeasibility did not attach.

p. 8

Legal principles established

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  • When a registered proprietor's root of title is under challenge, the proprietor must go beyond the instrument of title and prove the legality of how the title was acquired
  • A title is an end product of a process; if the process prior to issuance did not comply with the law, the title cannot be held indefeasible
  • Where a leasehold term expires without lawful renewal, the land reverts to the lessor and the former leasehold interest terminates by operation of law, so no party can derive a valid interest from the lapsed title

Court orders

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  1. 1.The Certificate of Lease issued in the name of Michael Kairu Njeru is hereby cancelled
  2. 2.The title to the suit property shall revert to the County Council of Bungoma (now the County Government of Bungoma) for fresh allocation in accordance with the law
  3. 3.The Land Registrar is directed to rectify the register to reflect this determination
  4. 4.The Deputy Registrar of this Court shall serve the County Government of Bungoma with a formal notice of the outcome of this judgment for appropriate administrative action
  5. 5.Each party shall bear their own costs of the appeal
On appeal from
Principal Magistrate's Court, Kimilili
PM-ELC Case No. 26 of 2019
Jurisdiction invoked
First appellate jurisdiction of the Environment and Land Court over an appeal from the subordinate court (Environment and Land Court Act); the judgment does not state a specific article

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, "Njeru v Kamau & 5 others (Environment and Land Appeal E035 of 2025) [2025] KEELC 8289 (KLR)", Case Analysis (2025). Kimilili ELC Appeal (judgment on appeal from Kimilili PM-ELC Case No. 26 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8289/eng@2025-11-27

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