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ELCPartially AllowedHCCC No 820 of 2006 (as renumbered upon transfer to the Environment and Land Court)· [2026] KEELC 574 (KLR)

Riverbank Plaza Limited v City Council of Nairobi (Environment and Land Case 1958 of 2007) [2026] KEELC 574 (KLR)

Environment and Land Court
5 February 2026
6,892 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~28 min to read original · ~4 min brief

The bottom line

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A Kenyan court cancelled Riverbank Plaza's title, ruling that land reserved for a public library could never lawfully be sold to a private buyer.

What this practically means

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Executive summary

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The Plaintiff, Riverbank Plaza Limited, sued for a permanent injunction, general damages for trespass and costs over LR No 3734/184 (alternatively 3734/843) on James Gichuru Road, Lavington, which it claimed to have purchased from the then City Council of Nairobi by a transfer registered on 8/3/1993. The Defendant, Nairobi City County, denied the claim, asserted that the land was public land granted to its predecessor in 1972 to hold in trust for a public branch library with special conditions prohibiting sale or transfer, and counterclaimed for a declaration that the transfer and registration were void, revocation of the registration, delivery of the original title, a remedial constructive trust for mesne profits, and costs. The court framed four issues: whether the Plaintiff's title was fraudulently and illegally acquired; whether trespass was proved; entitlement to relief; and costs. Applying the principle that a proprietor whose root of title is challenged must prove the legality of the acquisition, and that fraud must be distinctly pleaded and proved beyond a mere balance of probabilities, the court found that the land was public land held in trust; that disposal to a private party was prohibited by section 144(8) of the Local Government Act; that no ministerial approval, Commissioner of Lands consent, sale agreement or consideration was proved; and that the title had been unlawfully removed from the Defendant's custody by a former official. The Plaintiff's claim was dismissed with the Defendant's counterclaim allowed in part: the transfer was declared illegal, null and void; the registration was ordered revoked and cancelled with reversion to the County; the Land Registrar was directed to issue a fresh title to the Defendant; possession and the original title were to be delivered up; mesne profits were dismissed as unproven; and costs with interest were awarded to the Defendant.

Key legal issues

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01

Whether the Plaintiff's title was fraudulently and illegally acquired

Holding

Yes - the transfer and registration of the suit land in the Plaintiff's name were fraudulent, illegal, null and void

Reasoning

The land was granted to the Defendant in 1972 with special conditions prohibiting sale, transfer, subletting or charging, and was public land held in trust for establishment of a public library. Disposal to a private party was prohibited by section 144(8) of the Local Government Act. The Plaintiff produced no evidence of ministerial approval, Commissioner of Lands consent, a sale agreement, or consideration. The title had been removed from the Defendant's custody by a former official and never returned. The Plaintiff failed to rebut the allegations or prove the legality of the acquisition.

p. 12
02

Whether the Plaintiff proved trespass by the Defendant

Holding

No - the claim for trespass and injunction was moot given the finding on title

Reasoning

Since the court found the land had been illegally transferred to the Plaintiff, the Plaintiff had no enforceable proprietary interest capable of supporting a claim in trespass or an entitlement to injunctive relief; the question required no further consideration.

p. 13
03

Whether the Defendant proved entitlement to mesne profits

Holding

No - the claim was dismissed for want of proof

Reasoning

Mesne profits are akin to special damages, which must be specifically pleaded and strictly proven. Although the Defendant alleged the Plaintiff had occupied and generated income from the premises since 1993, it led no evidence quantifying or supporting the claim, and it could not be granted.

p. 13
04

The evidential effect of the parties' consent on the documents admitted

Holding

Only documents Nos 7, 9, 10 and 16 were admissible; all other documents referred to by PW1 had no probative value

Reasoning

Following a notice to produce and the Plaintiff's inability to produce original documents, the parties consented on record to admit only the certificate of incorporation, the title deed, the transfer instrument and the lease. That consent was not set aside, vacated or appealed; the court therefore determined the dispute only on the admitted evidence, and averments unsupported by admitted documents remained unproven.

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 title instrument and prove the legality of the acquisition
  • Allegations of fraud must be specifically pleaded, distinctly alleged and distinctly proved to a standard above a mere balance of probabilities
  • Public land held in trust by a local authority subject to special conditions prohibiting sale cannot be disposed of to private parties; such a disposal in breach of trust is prohibited by statute
  • Pleadings are not evidence; unadmitted documents have no probative value

Court orders

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  1. 1.A declaration that the transfer between the City Council of Nairobi and Riverbank Plaza Limited dated 26/2/1993 and its subsequent registration at the Lands Registry at Nairobi on or about 8/3/1993 in respect of LR No 3734/843 was illegal, null and void
  2. 2.An order directed at the Chief Land Registrar for the immediate revocation and cancellation of the registration of the transfer, such that ownership and title of LR 3734/843 immediately revert to the City Council of Nairobi and, by extension, the Nairobi City County as its successor in title
  3. 3.The Land Registrar is mandated to issue a title in the name of the Defendant forthwith
  4. 4.An order for the immediate delivery of possession and/or release of the original title of LR No 3734/843 by the Plaintiff to the Nairobi City County as successor in title to the City Council of Nairobi
  5. 5.The claim for mesne profits was not proven and is dismissed
  6. 6.Costs of the suit together with interest at court rates from the date of institution of the suit until payment in full are in favour of the Defendant

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 40; Article 40(6); Article 62
  • Evidence Act, Cap 80Sections 68, 69, 107, 109
  • Registration of Titles Act (repealed)Section 23(1)
  • Land Registration ActSections 24, 25, 26(1), 80
  • Registration of Land Act (repealed)Section 143
  • Local Government Act (repealed)Section 144
  • Government Lands Act (repealed)Section 3
  • Trespass Act, Cap 294Section 3(1)
  • Land Acquisition Act, Cap 295referred to in section 144(2) of the Local Government Act
  • Local Government Act (repealed)Ministerial Circular No. 20 of 1991
  • Civil Procedure RulesOrder 11

Cases cited (12)

  • Wreck Motor Enterprises v Commissioner of Lands
    [1997] eKLR
  • Samuel Kamere V. Land Registrar
    [2015] EKLR
  • Henry Muthee Kathurima V. Commissioner of Lands & Anor
    [2015] EKLR
  • Hubert L. Martin & 2 Others Vs Margaret Kamar & 3 Others
    [2002] eKLR
  • R.G. Patel v. Lalji Makanji
    (1957) EA 314
  • Vijay Morjaria vs Nansingh Madhusingh Darbar & Another
    [2000] eKLR
  • CMC Aviation Ltd Vs Kenya Airways Limited [Cruisair Ltd]
    [1978] eKLR
  • Munyu Maina vs. Hiram Gathiha Maina
    (2013) eKLR
  • Wallingford v Mutual Society
    (1880) 5 App. Cas. 685
  • Garden Neptune V Occident
    [1989] 1 Lloyd's Rep. 305
  • Lawrence V Lord Norreys
    (1880) 15 App. Cas. 210
  • Davy V Garrett
    (1878) 7 Ch. D. 473
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over disputes relating to land (Article 162(2) of the Constitution and the Environment and Land Court Act); the matter was transferred from the High Court (HCCC No 820 of 2006) upon establishment of this court

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, "Riverbank Plaza Limited v City Council of Nairobi (Environment and Land Case 1958 of 2007) [2026] KEELC 574 (KLR)", Case Analysis (2026). HCCC No 820 of 2006 (as renumbered upon transfer to the Environment and Land Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/574/eng@2026-02-05

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