Soi & 2 others v Bomet Water and Sanitation Company Limited & 3 others (Environment and Land Case 18 of 2015) [2026] KEELC 1526 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Plaintiffs' suit is statute barred and whether they have locus standi
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.
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.
Whether Kiplangat A. Soi and the 2nd and 3rd Plaintiffs were lawfully registered as owners of the suit parcel
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.
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.
Whether the Defendants trespassed on the suit parcel
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.
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.
Whether eviction and mesne profits should be granted
Eviction was declined and the claim for mesne profits of Kshs. 1,000,000,000/= failed for want of pleading and proof.
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.
Legal principles established
#- 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
#- 1.The Plaintiffs' suit is dismissed with costs
- 2.Costs of the suit awarded to the Defendants
- Jurisdiction invoked
- Environment and Land Court Act, Article 162(2) of the Constitution of Kenya (land and environment disputes)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.