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ELCDismissedKericho ELC Civil Suit (Amended Plaint dated 11th March 2019, filed 23rd April 2015)· [2026] KEELC 1526 (KLR)

Soi & 2 others v Bomet Water and Sanitation Company Limited & 3 others (Environment and Land Case 18 of 2015) [2026] KEELC 1526 (KLR)

Environment and Land Court
12 March 2026
16,491 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~66 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Kericho dismissed a family's Sh1 billion land claim against Bomet Water Company because they could not prove their title was validly acquired.

What this practically means

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Executive summary

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The Plaintiffs, administrators and beneficiaries of the estate of Kiplangat A. Soi (deceased), sued the Bomet Water Company Limited, the Water Services Regulatory Board, the County Government of Bomet and the Lake Victoria South Water Works Development Agency, alleging that in 1978 the Defendants trespassed onto land parcel Kericho/Mogogosiek/527, demolished their homestead and constructed the Itare/Litein Water Supply Plant. They sought eviction, mesne profits of Kshs. 1,000,000,000/=, a permanent injunction, interest and costs. The Defendants denied trespass, contended the facility was built by the National Government on public land, questioned the Plaintiffs' title and capacity, and pleaded limitation. At trial, the County Surveyor testified that the suit parcel was subdivided in 1996 into parcels 1501-1503 which were unregistered, that the water supply plant had a distinct fenced boundary, and that the Registry Index Map did not reflect the position on the ground. The Court found the questions of limitation and locus standi had already been determined in a 2022 ruling dismissing the Defendants' preliminary objection. On the merits, the Court held that because the root of the Plaintiffs' title was challenged, they had to prove legality of acquisition; the green card showed the deceased was registered as owner on 12th May 1975, seven years after his death on 28th July 1968, and in the absence of explanatory evidence the registration was unprocedural, infecting the Plaintiffs' derivative title with the same flaw. Trespass being a right attached to land, the Court could not determine trespass for parties who failed to prove proprietary interest. The claim may in fact be a boundary dispute for the Land Registrar. Eviction and the injunction were refused, and mesne profits failed as unpleaded and unproved special damages. The suit was dismissed with costs to the Defendants.

Key legal issues

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01

Whether the Plaintiffs' suit is statute barred and whether they have locus standi

Holding

The Court declined to re-open these questions, having already dismissed the Preliminary Objection on them in a ruling delivered on 19th July 2022; any aggrieved party should have appealed.

Reasoning

The Court noted that a Notice of Preliminary Objection dated 10th December 2021 raising limitation and locus standi had been dismissed in a ruling where the Court held that continuous acts of trespass create fresh causes of action and that the Plaintiffs as registered proprietors enjoyed vested rights under Section 26(1) of the Land Registration Act. The Court held it had already pronounced itself on the questions and would not address them further.

p. 29
02

Whether Kiplangat A. Soi and the 2nd and 3rd Plaintiffs were lawfully registered as owners of the suit parcel

Holding

The registration of Kiplangat A. Soi as owner on 12th May 1975, seven years after his death on 28th July 1968, was unprocedural, and consequently the 2nd and 3rd Plaintiffs' derivative title is also flawed.

Reasoning

Because the 1st and 4th Defendants challenged the root of the Plaintiffs' title, the burden shifted to the Plaintiffs to lead evidence on the acquisition and registration process, including adjudication records. The green card showed registration of a deceased person. In the absence of any evidence explaining the anomaly, the registration was found unprocedural and the derivative title flawed.

p. 31
03

Whether the Defendants trespassed on the suit parcel

Holding

No finding of trespass was possible because the Plaintiffs failed to prove a proprietary interest in the land; trespass is a right attached to land.

Reasoning

Having found that the Plaintiffs' title was flawed, the Court held it could not determine trespass at the instance of persons who failed to prove their proprietary interest. The Court also observed, from the County Surveyor's evidence, that what presented as a land dispute may in fact be a boundary dispute which the Land Registrar with the help of a surveyor is mandated to resolve.

p. 32
04

Whether eviction and mesne profits should be granted

Holding

Eviction was declined and the claim for mesne profits of Kshs. 1,000,000,000/= failed for want of pleading and proof.

Reasoning

The County Surveyor's report showed a distinct, long-standing boundary around the water supply plant, mature trees marking boundaries, an overlap between a resultant subdivision and the plant on paper only, and unregistered subdivisions. The Court found allegations of trespass necessitating eviction improbable. Mesne profits, being special damages, were neither specifically pleaded nor strictly proved.

p. 33

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
  • Trespass is a right attached to land and cannot be pursued by a party who has failed to prove a proprietary interest in the land
  • Mesne profits are a form of special damages which must be specifically pleaded and strictly proved
  • Costs follow the event under Section 27 of the Civil Procedure Act

Court orders

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  1. 1.The Plaintiffs' suit is dismissed with costs
  2. 2.Costs of the suit awarded to the Defendants

Authorities

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Legislation

  • Constitution of KenyaArticle 67(2)(e)
  • Constitution of KenyaArticle 159(4)
  • Constitution of KenyaArticle 40
  • Constitution of KenyaArticle 43
  • Constitution of KenyaPart I and Part II of the Fourth Schedule
  • Limitation of Actions ActSections 7, 8 and 9
  • Land Registration ActSections 24, 26(1) and 80
  • National Land Commission ActSection 5
  • Land ActPart VII / Part VIII
  • Evidence ActSections 107(1), 108 and 109
  • Trespass ActSection 3(1)
  • Civil Procedure ActSection 27
  • Environment and Land Court ActSection 19(2)
  • Water Act, 2002 (Repealed)Sections 51 and 65
  • Water Act, 2016Sections 65, 68, 69 and 70

Cases cited (21)

  • Veronica Maringa & Others vs ACK Buxton Diocese of Taita Taveta & another
  • Islamia Madrasa Society vs Zafar Niaz & Others
  • Trustees Kenya Redeemed Church & another vs Samuel M'Obiya & 5 Others
    [2011] eKLR
  • African Orthodox Church of Lenya vs Rev. Charles Omuroka & another
    [2014] eKLR
  • Munyu Maina vs Hiram Gathuha Maina
    [2013] eKLR
  • Kenya National Highway Authority vs Shalien Masood Mughal & 5 Others
    [2017] eKLR
  • Adan Abdirahani Hassan & 2 Others vs Registrar of Titles, Ministry of Lands & 2 Others
    [2013] eKLR
  • Joyce Nyanchama Kalya & another vs David Malakwen Terer & another
    [2017] eKLR
  • Elijah Makeri Nyangwira vs Mungai Njuguna & another
    [2013] eKLR
  • Dina Management Limited vs County Government of Mombasa & 5 Others
    (Petition 8 (E010) of 2021 [2023] KESC 30 (KLR)
  • Funzi Island Development Ltd & 2 Others vs County Government of Kwale & 2 Others
    [2014] eKLR
  • Kassim Ahmed Omar & another v Anwar Ahmed Abeid & 5 others
    [2015] eKLR
  • Moses Parantai & Peris Wanjiku Mukuru suing as the legal representatives of the estate of Sospeter Mukuru Mbeere (deceased) v Stephen Njoroge Macharia
    [2020] eKLR
  • Kinyanjui Kamau vs George Kamau
    [2015] eKLR
  • Samuel Mwangi vs Jeremiah M'Itobu
    [2012] eKLR
  • Beatrice Wambui Kiarie vs Beatrice Wambui Kiarie and 9 Others
    [2018] eKLR
  • Isaack Ben Mulwa vs Jonathan Mutunga Mweke
    [2016] eKLR
  • Antony Francis Wareham t/a AF Wareham & 2 others v Kenya Post Office Savings Bank
    [2004] eKLR
  • Peter Mwangi Msuitia & Another Vs Samow Edin Osman
    (2014) eKLR
  • Nakuru Industries Ltd Vs S.S. Mehta and Sons
    (2016) eKLR
  • Kiambu County Tenants Welfare Association vs Attorney General & another
    [2017] eKLR
Jurisdiction invoked
Environment and Land Court Act, Article 162(2) of the Constitution of Kenya (land and environment disputes)

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, "Soi & 2 others v Bomet Water and Sanitation Company Limited & 3 others (Environment and Land Case 18 of 2015) [2026] KEELC 1526 (KLR)", Case Analysis (2026). Kericho ELC Civil Suit (Amended Plaint dated 11th March 2019, filed 23rd April 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1526/eng@2026-03-12

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