Registered Trustees of the Episcopal Conference v Kenya Pipeline Company Limited & another (Environment and Land Case E049 of 2021) [2026] KEELC 2044 (KLR)
The bottom line
#The Bishops own the Eldoret land, but Kenya Pipelines' underground pipes are protected as an overriding interest, so they stay.
What this practically means
#Executive summary
#Key legal issues
#Ownership of the suit property
The plaintiff is the lawful registered owner by virtue of the Certificate of Lease dated 17.11.2017, which was not disputed
The plaintiff produced a Certificate of Lease dated 17.11.2017 as PW1 Exhibit 1. Neither the defendant nor the third party disputed the registration. Under section 26 of the Land Registration Act, a certificate of title is prima facie evidence of absolute and indefeasible ownership, so the plaintiff was declared the lawful owner unless otherwise declared by a court.
Validity of the Easement Agreement dated 25.06.2013
The easement agreement was illegitimate, illegal, null and void because the Third Party had no ownership rights or authority from the plaintiff to grant it
The Third Party admitted it was only a tenant and not the registered owner. Under section 3 of the Law of Contract Act a binding agreement requires a lawful offer; the Third Party had no ownership rights in 2013 nor any authority from the plaintiff to alienate any rights. Without a legitimate offer, the acceptance, consideration and execution were irregular, null and void, so the agreement could confer no rights on the defendant.
Whether the defendant's occupation was lawful despite the void easement
The defendant's occupation of the pipeline corridor is lawful as an overriding interest under section 28(i) of the Land Registration Act, and therefore does not amount to trespass
Although the easement agreement was void, the defendant pleaded an overriding interest because the pipelines were laid in 2014, before the plaintiff's certificate of lease issued in 2017. Section 28(i) provides that pipelines erected or laid in pursuance of powers conferred by written law subsist as overriding interests without being noted on the register. The Third Party's letter confirmed the pipelines were placed in 2014, so the defendant's occupation was lawful.
Violation of the right to a clean and healthy environment
No environmental or social infringement was demonstrated; the pipelines being underground was a step in the right direction but insufficient, and the defendant must undertake an environmental impact assessment
Article 42 guarantees the right to a clean and healthy environment and Article 70(3) dispenses with proof of injury. However, the pipelines were underground and the plaintiff produced no document demonstrating environmental or social risk. The court reasoned that scenarios such as corrosion, leakage, fire or vandalism required the defendant to take measures, in consultation with the occupants and under the Environmental Management and Co-ordination Act, to safeguard the environment and social well-being.
The third-party notice for indemnity
The third-party notice for indemnification of Kshs.2,305,800/= is not merited because the consideration was paid to and received by AMECEA, a distinct entity from the Third Party
The defendant paid Kshs.2,305,800/= on 27.02.2012 into AMECEA's bank account, as shown by DW1 Exhibit 9 and confirmed by PI1. The court found the Third Party is a legal entity established under the Universities Act with its own council and finances, while AMECEA is an association of registered trustees with its own bank account. Since they are separate and distinct entities, the defendant cannot recover the payment from the Third Party.
Legal principles established
#- A certificate of title or lease is prima facie evidence that the named proprietor is the absolute and indefeasible owner of the land
- A non-owner cannot confer a valid easement over land; an easement agreement executed by a party with no ownership rights or authority from the registered owner is null and void
- Pipelines laid on land before first registration in pursuance of a power conferred by written law constitute an overriding interest under section 28(i) of the Land Registration Act even if not noted on the register
- An applicant under Article 70(3) of the Constitution need not demonstrate loss or injury to invoke the right to a clean and healthy environment
- AMECEA and the Catholic University of Eastern Africa are separate and distinct legal entities; payment received by the association cannot be recovered from the university
Court orders
#- 1.The plaintiff is declared the lawful and registered owner of the property known as Eldoret Municipality Block 14/19
- 2.A declaration that the defendant holds an overriding interest on the property, in particular the portion measuring 3-metre-wide by 343 metres long within which the underground oil transportation pipeline has been placed
- 3.The defendant is directed to undertake an environmental impact assessment exercise to identify all potential environmental and social risks and/or exposures arising from the placement of the oil transportation pipelines and make appropriate recommendations and/or mitigating factors within 180 days from the date of the judgment
- 4.The environmental impact assessment report, undertaken in consultation with the plaintiff and other relevant actors, must be filed before the court within 210 days from the date of the judgment as a record of the court
- 5.Each party will bear its own costs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land and environmental disputes (Articles 42, 70 and 162(2) of the Constitution invoked in the pleadings)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Registered Trustees of the Episcopal Conference v Kenya Pipeline Company Limited & another (Environment and Land Case E049 of 2021) [2026] KEELC 2044 (KLR)", Case Analysis (2026). Eldoret ELC (not stated in judgment excerpt). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2044/eng@2026-04-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.