Jepkirui & another (Administrator to the Estate of the Late Malakwen Arap Cheruiyot) v Chirchir & another (Environment and Land Case 63 of 2019) [2026] KEELC 815 (KLR)
The bottom line
#An Eldoret court cancelled land titles built on a Tribunal award it had no power to make, handing the family their land back.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Land Disputes Tribunal
The Tribunal's award of 6 acres to the 1st defendant and nullification of the deceased's title exceeded its jurisdiction under section 3(1) of the Land Disputes Tribunal Act (repealed) and was a nullity
The Tribunal's jurisdiction was limited to boundary disputes, claims to occupy or work land, and trespass. Its findings awarded ownership of registered land, which is a claim to ownership outside the statutory mandate. Additionally, the dispute involved property of a deceased person with no grant of representation, so neither side had capacity. The award, decree and all subsequent processes were therefore void ab initio.
Lawfulness of the subsequent registration
The registration of parcel 324 in the 1st defendant's favour, the sub-division and the Gazette Notice were a nullity and conferred no proprietary rights
Being founded on a void award and decree, the registration processes including the Gazette Notice No. 6163 of 21.8.2015 could not stand. The land reverts to the estate of the late Malakwen Arap Cheruiyot to its status before the Tribunal proceedings, and the 1st defendant's declaration of ownership claim was dismissed.
2nd defendant's claim of adverse possession
Claim dismissed as premature and unproven; the 12-year period had not run from registration on 16.07.2015
The 2nd defendant did not testify or adduce evidence, so his claim had no probative value. The green card showed parcel 325 was registered in the name of the late Malakwen Arap Cheruiyot on 16.07.2015, and time for adverse possession runs only from registration of the proprietor. He had also filed parallel proceedings in Eldoret ELC Case No. 4 of 2020 (OS).
Entitlement of plaintiffs to reliefs
Plaintiffs proved their claim on a balance of probabilities and obtained declarations, cancellation of registration, injunctions and eviction, but not mesne profits
Following the findings on nullity of the Tribunal award and registration, plaintiffs were entitled to the reliefs sought except mesne profits, which they failed to prove. The successful plaintiffs were awarded costs of the suit and both counter-claims.
Legal principles established
#- Jurisdiction is everything; a tribunal acting outside its statutory mandate renders its decision null and void ab initio
- A Land Disputes Tribunal has no jurisdiction to adjudicate claims to ownership of registered land, such claims being beyond section 3(1) of the Land Disputes Tribunal Act
- Time for adverse possession can only start running from the date of registration of the proprietor
- The estate of a deceased person is vested in an administrator; proceedings concerning a deceased's property without grant are a nullity
Court orders
#- 1.Declaration that the Decree in Eldoret CMC Award No. 40 of 2002 dated 16.07.2002 obtained by the 1st Defendant is null and void ab initio
- 2.Declaration that Gazette Notice No. 6163 of 21.8.2015 is null and void
- 3.Revocation/cancellation of the registration of Moi's Bridge/Sirikwa Block 3/Ziwa 324 in favour of the 1st defendant including the sub-division giving rise to parcels 324 and 325; consolidation and reversion to Moi's Bridge/Sirikwa Block 3/Ziwa 8 registered in the name of the Estate of the late Malakwen Arap Cheruiyot pending conclusion of Eldoret HC. Succ. Cause No. 19 of 2012
- 4.Permanent injunction against the 1st Defendant in respect of parcel No. 324
- 5.Permanent injunction against the 2nd Defendant in respect of parcel No. 325
- 6.Defendants directed to vacate and cede vacant possession of parcels 324 and 325 within 90 days; in default, eviction order upon strict compliance with section 152E of the Land Act
- 7.1st defendant's counter-claim dismissed
- 8.2nd defendant's counter-claim dismissed
- 9.Costs of the suit and counter-claims borne by the defendants
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jepkirui & another (Administrator to the Estate of the Late Malakwen Arap Cheruiyot) v Chirchir & another (Environment and Land Case 63 of 2019) [2026] KEELC 815 (KLR)", Case Analysis (2026). Not stated in judgment (Eldoret ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/815/eng@2026-02-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.