Criticos & another v Third Engineering Bureau of China City Construction Group Company Limited; Masamo (Third party) (Environment and Land Case 8 of 2024) (Environment and Land) [2026] KEELC 1120 (KLR)
The bottom line
#A Kenyan court dismissed a Kshs 19 million trespass claim because the landowners could not prove the land they sued over still existed.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs proved ownership of L.R No. 10287/4
Not proved; the evidence, including that of the Assistant Director of Land Adjudication and Settlement, was that the parcel ceased to exist after its 1990 sale to the Settlement Fund Trustee and subsequent adjudication
The Plaintiffs produced a certificate of title, but the Defendant and Third Party challenged it. DW3, the Assistant Director Land Adjudication and Settlement, testified the parcel does not exist in the records and confirmed letters showing the parcel ceased to exist as at 1990. The Plaintiffs also acknowledged in Voi ELCLC No. 3 of 2024 the issuance of titles to third parties from the same parcel. Ownership was therefore not proved to the required standard.
Whether the Defendant trespassed on the suit property
Trespass not proved; the Defendant's activities were on leased land belonging to the Third Party and another lawful owner
Trespass requires immediate exclusive possession. Having found ownership unproved, the court held the trespass claim could not be sustained. The evidence showed the Defendant operated on Taveta/Lake Jipe/780 leased from the Third Party and on land leased from DW2, not on L.R No. 10287/4.
Whether the Plaintiffs are entitled to the reliefs sought
No; the suit was dismissed with costs
Both trespass and ownership having failed, the injunctions, declaration, vacant possession, general and special damages could not issue. Costs follow the event.
Legal principles established
#- A claim in trespass requires proof of possession or proprietary rights over the land; where a certificate of title is challenged, the burden lies on its owner to prove ownership
- The standard of proof in civil claims is the balance of probabilities
Court orders
#- 1.Suit dismissed with costs
- 2.Plaintiffs to bear costs of the suit
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over a claim concerning land in Taita Taveta County; specific provision not stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Criticos & another v Third Engineering Bureau of China City Construction Group Company Limited; Masamo (Third party) (Environment and Land Case 8 of 2024) (Environment and Land) [2026] KEELC 1120 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1120/eng@2026-02-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.