Ngeno v Chepkwony (Sued in his capacity as the legal representative of Taplule w/o Kenda - Deceased) & another (Enviromental and Land Originating Summons E001 of 2024) [2026] KEELC 702 (KLR)
The bottom line
#A Kericho court awarded a man 1.5 acres of land he had openly occupied and farmed for over 40 years, even though the title belonged to someone else.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff acquired 1.5 acres of Kericho/Getarwet/89 by adverse possession
Yes - the Plaintiff proved possession since 1982, open, exclusive and uninterrupted for over twelve years, save for a 2020 incident of tree felling and assault.
The Plaintiff testified that his father settled him on the portion in 1982, where he fenced it and planted trees, tea and napier grass. The 2006 survey revealed the land belonged to the suit parcel registered to Taplule w/o Kenda. Apart from the 2020 incident, the Defendants never evicted him or reclaimed the land. Possession was therefore open, exclusive and uninterrupted for well over 12 years, satisfying the test in Kasuve vs Mwaani Investments and Richard Wefwafwa Songoi.
Whether the Plaintiff is entitled to the orders sought in the Originating Summons
Yes - having proved adverse possession, the Plaintiff is entitled to all the orders sought.
The court held that the finding on adverse possession flows directly into entitlement to the remedies: declaration of title, an order compelling execution of transfer documents, and a permanent injunction. The Defendants did not file a response or submissions and did not appear at the hearing, leaving the Plaintiff's uncontroverted evidence intact.
Who should bear costs of the suit
The successful Plaintiff was awarded costs under Section 27 of the Civil Procedure Act.
The court applied the general rule that costs follow the event, and no reason was advanced to depart from awarding the successful party costs.
Legal principles established
#- To acquire land by adverse possession the claimant must prove exclusive, open and uninterrupted possession for 12 years, either after dispossessing the owner or upon discontinuation of possession by the owner.
- A person claiming adverse possession must show the date of entry, nature of possession, knowledge of the owner, duration and that possession was open and undisturbed for 12 years.
Court orders
#- 1.The Plaintiff is declared to have acquired a one-and-a-half-acre portion of land comprised in Kericho/Getarwet/89 by way of adverse possession.
- 2.The Defendants are directed to execute all necessary documents for the subdivision, transfer and registration of the one-and-a-half-acre portion of Kericho/Getarwet/89 in the Plaintiff's name within 90 days of delivery of the judgment.
- 3.In default, the Deputy Registrar of the Court shall execute the said documents.
- 4.A permanent injunction restraining the Defendants, their agents, nominees, servants or representatives from interfering with the Plaintiff's possession of the one-and-a-half-acre portion of Kericho/Getarwet/89.
- 5.The Plaintiff shall have costs of the suit.
- Jurisdiction invoked
- Order 37 Rule 7 of the Civil Procedure Rules and Section 38 of the Limitation of Actions Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngeno v Chepkwony (Sued in his capacity as the legal representative of Taplule w/o Kenda - Deceased) & another (Enviromental and Land Originating Summons E001 of 2024) [2026] KEELC 702 (KLR)", Case Analysis (2026). Originating Summons dated 27th February, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/702/eng@2026-02-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.