Chege v Githiomi (Personal representative in the Estate of James Njenga Githiomi) & 2 others (Enviromental and Land Originating Summons 153 of 2018) [2026] KEELC 3378 (KLR)
The bottom line
#The Environment and Land Court dismissed a Kenyan adverse possession claim because the occupier had entered the land with the owner's permission, and permission defeats such claims.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff proved adverse possession
The claim failed: the Plaintiff entered as a licensee through Rachel Mumbi Kigunda, agent of the Interested Party; his entry was not open or hostile; time, if any, only began running in 2014 when asked to leave, and was interrupted by the 2018 suit
The court found the Plaintiff's entry was with permission of the registered owner's agent, which negates adverse possession. His testimony of finding an abandoned house suggested secrecy, contrary to nec vi nec clam nec precario. The averments that he was asked to leave in 2014 were unrebutted, so time could only start running then, and the 2018 misc. application for vacant possession was an interruption. He also failed to demonstrate he built structures on the land.
Effect of transfer and subdivision of land after the registered owner's death
The transfer of Ngong/Ngong/8592 to James Njenga on 9th December 2002 and its subdivision on 4th August 2003, after his death on 31st May 2002, amounts to fraud; the Interested Party must file a fresh suit to have the titles cancelled
The Green Card evidence showed registration in favour of James Njenga months after his death. The court held this amounts to fraud but declined to determine it in this suit, holding fraud must be specifically pleaded and proved in a fresh suit for cancellation. The court also noted a restriction placed on the resultant titles does not cancel them.
Costs
Costs awarded to the 1st Defendant and the Interested Party
Having dismissed the suit, the court exercised its discretion on costs in favour of the successful defendants.
Legal principles established
#- Permission to occupy land is fatal to a claim of adverse possession; possession must be nec vi, nec clam, nec precario
- A claim of adverse possession cannot lie against a party lacking legal capacity to assert title at the material time
- Fraud in a transfer must be pursued in a fresh suit seeking cancellation of the titles
Court orders
#- 1.The Plaintiff's suit is dismissed
- 2.Costs of the suit awarded to the 1st Defendant and the Interested Party
- Jurisdiction invoked
- Section 38 of the Limitation of Actions Act (originating summons for adverse possession); Article 162(2)(b) jurisdiction of the Environment and Land Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chege v Githiomi (Personal representative in the Estate of James Njenga Githiomi) & 2 others (Enviromental and Land Originating Summons 153 of 2018) [2026] KEELC 3378 (KLR)", Case Analysis (2026). ELC 153 of 2018 (OS). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3378/eng@2026-05-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.