Wanjala (Suing as the Administrator of the Estate of the Late John Makesi Wanjala) v Dodhia (Environment and Land Case 13 of 2019) [2026] KEELC 600 (KLR)
The bottom line
#The Kitale Environment and Land Court dismissed a trespass claim because the landowner brought a title deed but no survey maps or expert evidence to prove encroachment.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff proved trespass by the defendant on the suit land
Trespass was not proved; the plaintiff did not plead or substantiate particulars of the encroachment or identify the perpetrator, and produced no authenticated survey evidence
The plaintiff bore the burden of proving encroachment. She did not plead the nature, extent, dates or particulars of the alleged encroachment, nor call the Land Registrar, Surveyor or any expert to produce the Registry Index Map or survey reports. Her area map was unauthenticated and its maker unknown. Under section 3(1) of the Trespass Act and case law, a plaintiff must prove exclusive possession and the act of entry.
Whether the defendant proved that the plaintiff encroached on the public access road
The defendant also failed to prove encroachment; he did not produce the surveyor's report, his title lacked a map sheet number, and he called no surveyor, physical planner or roads engineer
The defendant relied on surveyor's reports he never produced in evidence and a title deed without a Registry Map Sheet number, making it impossible to verify the proximity of the parcels. Expert evidence of a surveyor, physical planner and roads engineer was necessary to establish the extent, dimensions, locality and route of the alleged road. His assertions therefore remained unsubstantiated.
The legal framework governing public roads and roads of access
A distinction exists between a public road and a road of access; both are creatures of statute (Public Roads and Roads of Access Act, Land Act, Land Registration Act, Survey Act) and their creation requires compliance with statutory procedure
Relying on Dellian Langata Ltd v Symon Thuo Muhia, the court distinguished a public road (set apart and designated for public use) from a road of access (private usage created by application under the Public Roads and Roads of Access Act). Sections 8-16 of that Act and sections 139-144 of the Land Act, plus Article 40(3) on compensation, frame how access roads may be created over private land.
Whether the court could rely on the surveyor's reports filed by the defendant
Yes in principle - expert report findings can only be challenged by rival expert reports, and the plaintiff called no expert evidence to contradict them, though neither report was formally proved
The court noted the surveyor's reports of 8/10/2014 and 19/6/2025 filed before it. Citing Kagina v Kagina and Athman v Art 680, it held that findings in expert reports can only be challenged by rival reports. The plaintiff neither called experts nor produced survey maps or Registry Index Maps to rebut them, weakening her objection.
Legal principles established
#- Public roads and roads of access are creations of statute, and their existence must be proved through official records and expert evidence
- A case succeeds on the strength of the plaintiff's evidence, not on the weakness of the defence
- A plaintiff claiming trespass must prove exclusive and immediate possession of the land
- Findings in an expert report can only be challenged by rival expert reports
- Title deeds without a Registry Index Map lack probative value on boundary questions
Court orders
#- 1.The plaintiff's suit is dismissed
- 2.Costs of the suit awarded to the defendant
- Jurisdiction invoked
- Environment and Land Court jurisdiction under Article 162(2)(b) of the Constitution (not expressly cited in the judgment; the court framed jurisdiction over the land dispute as its first issue)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wanjala (Suing as the Administrator of the Estate of the Late John Makesi Wanjala) v Dodhia (Environment and Land Case 13 of 2019) [2026] KEELC 600 (KLR)", Case Analysis (2026). Not stated on the face of the judgment (Kitale ELC suit filed by plaint dated 7/2/2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/600/eng@2026-02-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.