Wamoto & another v County Government, Trans Nzoia County & 26 others; National Land Commission (Interested Party) (Environment and Land Case 25 of 2021) [2025] KEELC 8629 (KLR)
The bottom line
#The Environment and Land Court in Kitale cancelled title deeds illegally created on private land and a public road reserve, confirming that a title document alone proves nothing if unlawfully obtained.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the court over the dispute
The court had jurisdiction since the issues raised went beyond a mere boundary dispute, involving trespass, encroachment, and the creation of titles over a public road reserve
The 2nd-25th defendants raised lack of jurisdiction for the first time in submissions, arguing that the dispute was purely a boundary dispute under Section 18 of the Land Registration Act. The court held that from the pleadings, the dispute involved alleged trespass, irregular boundary creation, and interference with a gazetted public road, going beyond a simple boundary dispute.
Validity of the 1st defendant's boundary alignment exercise
The 1st defendant acted ultra vires by purporting to interfere with the road reserve boundary without involvement of the 26th defendant or the Land Registrar, and its survey report was neither certified nor authenticated
The court found that the 1st defendant had no jurisdiction to tamper with a gazetted public road without the concurrence of the 26th defendant (KERRA). The survey report dated 14/4/2021 was not certified by the Director of Surveys and did not rely on authentic survey maps, rendering the exercise unlawful.
Encroachment on public road reserve
The 2nd-25th defendants' parcels fall within the public road reserve, and their titles were illegally created over public land
DW5's unchallenged evidence established that the road reserve width was 60.98 meters, but the establishment of Sinyerere/Sitatunga Block 5/Makunga reduced it to 25 meters, with the remaining 35 meters forming part of Makunga Farm parcels. The court found this to be illegal encroachment on public land contrary to Articles 40, 61 and 62 of the Constitution.
Counterclaim for eviction
The 2nd-25th defendants' counterclaim failed for want of evidence sustaining the legality of their titles
The 2nd-25th defendants presented no evidence on how their title deeds were created over a public road, nor on the alleged isolation space. Their counterclaim for eviction was dismissed for being incompetent and lacking merit.
Legal principles established
#- Where a title to land is under challenge, it is not enough to dangle the instrument of title without evidence that it was acquired legally
- A Registry Index Map serves as the primary and authoritative record of land boundaries
- Trespass is a violation of the right to possession
Court orders
#- 1.Declaration that Title Nos. Kaisagat/Chepkoilel Block 2/Kipsogon/38, measuring approximately 10.52 Ha, and Kaisagat/Chepkoilel Block 2/Kipsogon/9, belong to the plaintiffs
- 2.Injunction restraining the defendants, their agents, servants, or employees from entering into or in any way interfering with the plaintiffs' quiet enjoyment and use of the said parcels of land
- 3.Declaration that the title deeds issued to the 2nd - 25th defendants, in respect of the plots hived from the plaintiffs' parcel of land and the road reserve, are null and void and should be cancelled
- 4.Declaration that the Maili Saba Centre, Kwanza Road, is a public road and an easement meant to be enjoyed by the plaintiffs' access to their farm
- 5.Permanent injunction restraining the defendants from blocking the public access road by creating plots on the road reserve belonging to Kenya Rural Roads Authority (KERRA), and on the plaintiffs' parcels of land
- 6.Dismissal of the 2nd - 25th defendants' defence and counterclaim
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wamoto & another v County Government, Trans Nzoia County & 26 others; National Land Commission (Interested Party) (Environment and Land Case 25 of 2021) [2025] KEELC 8629 (KLR)", Case Analysis (2025). ELC Case at Kitale (Land Dispute - Kipsogon/Makunga Farms). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8629/eng@2025-12-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.