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ELCAllowedOriginating Summons dated 7th March, 2024

Siele v Bii (Sued as the Legal Representative of the Estate of Chelangat Tabutany Maseti alias Tabutany w/o Ratego) (Environment and Land Case E002 of 2024) [2026] KEELC 2734 (KLR)

Environment and Land Court (implied from land dispute; judgment does not state court name)
7 May 2026
4,112 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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A Kericho man who bought land in 1995 but never got the title won full ownership through adverse possession after 26 years of living on it.

What this practically means

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Executive summary

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The Plaintiff, William Kipkoske Siele, sued Eunice Bii, the holder of a Limited Grant of Letters of Administration Ad Litem over the estate of Chelangat Tabutany Maset alias Tabutany W/O Ratego (deceased), claiming the whole of land parcel No. Kericho/Kabianga/476 (1.5 Ha) by adverse possession under Order 37 Rule 7 of the Civil Procedure Rules and Section 38 of the Limitation of Actions Act. He contended that he purchased the parcel from the deceased in 1995 under a written agreement for Kshs. 242,500/=, paid the last installment on 27th August 1998, and took open, quiet and exclusive possession in 1995, fencing, cultivating and building on the land, but the deceased died in 2010 without effecting transfer. The Defendant was served but never entered appearance or participated. L. A. Omollo, J, canvassed the suit on oral evidence and framed three issues: whether the Plaintiff had acquired the parcel by adverse possession, whether the prayers should be granted, and costs. Applying Kasuve v Mwaani Investments, Richard Wefwafwa Songoi, Mbui v Maranya and Peter Mbiri Michuki, the court held that limitation runs from payment of the last installment of the purchase price, i.e. 27th August 1998, so twenty-six years had elapsed by filing. The court declared that the Plaintiff had acquired the parcel by adverse possession, ordered the Defendant to execute transfer documents within 90 days (the Deputy Registrar executing in default), issued a permanent injunction against interference, and awarded the Plaintiff the costs of the suit.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Plaintiff has acquired land parcel No. Kericho/Kabianga/476 by way of adverse possession.
  2. 2.Whether the prayers sought in the Originating Summons should be granted.
  3. 3.Who should bear costs of the suit.

Key legal issues

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01

Whether the Plaintiff acquired Kericho/Kabianga/476 by adverse possession

Holding

Yes. The plaintiff entered under a 1995 sale agreement, paid the last installment on 27th August 1998 and remained in open, peaceful and exclusive possession; by filing suit in 2024 twenty-six years had elapsed, far exceeding the 12-year limitation period.

Reasoning

The court applied the rule that where possession arises from a sale agreement paid by installments, limitation runs from payment of the last installment. The plaintiff's evidence — the sale agreement, addendum, possession since 1995, fencing, cultivation and construction of houses — established open, exclusive and uninterrupted possession for over 12 years without challenge from the deceased or her beneficiaries.

p. 8
02

Whether the declaratory, transfer and injunctive prayers should issue

Holding

Granted in full; a purchaser in possession who has paid the purchase price may seek an order that he be registered as proprietor, and the court may order the legal representative of the estate to execute transfer documents, with the Deputy Registrar executing in default.

Reasoning

Having found the elements of adverse possession established, the court held that nothing stood in the way of granting the prayers. The deceased died before completing the transfer, and the defendant, holder of a Limited Grant of Letters of Administration Ad Litem, was ordered to execute the transfer documents within 90 days, failing which the Deputy Registrar would do so; a permanent injunction also issued.

p. 9

Legal principles established

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  • Where a claim of adverse possession arises out of a sale agreement with installment payments, the limitation period runs from the date of payment of the last installment of the purchase price.
  • A claimant must prove exclusive, open, uninterrupted possession as of right for 12 years either after dispossessing the owner or on the owner's discontinuation of possession.

Court orders

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  1. 1.William Kipkoske Siele is declared to have acquired land parcel No. Kericho/Kabianga/476 (1.5 Ha) by way of adverse possession.
  2. 2.Eunice Bii ordered to execute within 90 days all documents necessary for the transfer and registration of land parcel No. Kericho/Kabianga/476 to William Kipkoske Siele.
  3. 3.In default, the Deputy Registrar of the Court shall execute the said documents.
  4. 4.A permanent injunction restraining the Defendant, her agents, nominees and/or representatives from interfering with the Plaintiff's quiet possession of land parcel No. Kericho/Kabianga/476.
  5. 5.The Plaintiff shall have costs of the suit.

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Section 38 of the Limitation of Actions Act and Order 37 Rule 7 of the Civil Procedure Rules (application for adverse possession order; High Court jurisdiction under s.38(1))

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

William Kipkoske Siele is hereby declared to have acquired land parcel No. Kericho/Kabianga/476 which parcel of land measures 1.5 Ha by way of adverse possession.
p. 10declarations - final orders
Eunice Bii is hereby ordered to execute within 90 days of the date hereof, all documents necessary for purposes of transfer and registration of land parcel No. Kericho/Kabianga/476 to William Kipkoske Siele.
p. 10transfer - final orders
In default of (b) above, the Deputy Registrar of this Court shall execute the said documents.
p. 10default execution
A permanent injunction is hereby issued restraining the Defendant, by herself, her agents, nominees and/or representatives from interfering with the Plaintiff's quiet possession of land parcel No. Kericho/Kabianga/476.
p. 10permanent injunction
The Plaintifi shall have costs of the suit.
p. 10costs
A purchaser in possession of the land purchased, after having paid the purchase price, is a person in whose favour the period of limitation can run.
p. 8limitation running in favour of purchaser

Issues in the judgment

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minor

The Originating Summons and submissions refer to the suit parcel as LR No. Kericho/Getarwet/89 in the plaintiff's submissions, while the pleadings, evidence and disposition all concern LR No. Kericho/Kabianga/476.

minor

Typographical error in the final injunction order: the parcel is printed as 'Kabiamga' rather than 'Kabianga'.

minor

Contradiction in the pleaded possession start date: the plaintiff depones possession since 1996 in the affidavit but testified possession was taken in 1995.

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, "Siele v Bii (Sued as the Legal Representative of the Estate of Chelangat Tabutany Maseti alias Tabutany w/o Ratego) (Environment and Land Case E002 of 2024) [2026] KEELC 2734 (KLR)", Case Analysis (2026). Originating Summons dated 7th March, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2734/eng@2026-05-07

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