Kemei v Keronei & 4 others (Environment and Land Case E019 of 2023) [2026] KEELC 3793 (KLR)
The bottom line
#The Eldoret Land Court confirmed a mother's absolute ownership of her 16-acre farm and ordered her adult sons and daughters-in-law to vacate within 180 days.
What this practically means
#Executive summary
#Key legal issues
#Registered ownership of the suit property
The Plaintiff is the lawful registered owner, being uncontested and unchallenged under the grounds in Section 26(1)(a) and (b) of the Land Registration Act
The Plaintiff produced her title deed as PW1 Exhibit 1. The Defendants did not challenge the legality of her registration nor plead any of the grounds in Section 26(1)(a) and (b) of the Land Registration Act. The title is therefore prima facie and indefeasible, and the Court found her the lawful registered owner.
Customary trust
No customary trust was established over the suit property
The Defendants claimed the property was bought by Subei Kemei with proceeds of the late Benjamin Malakwen's assets and registered in the Plaintiff's name in trust for the family. The Court found Benjamin Malakwen died before the Plaintiff migrated to Uasin Gishu, so he could not have acquired the property; the Defendants did not identify the allegedly sold properties nor prove ancestral land, and the Plaintiff's bank charge showed independent acquisition capacity.
Right of occupation
The Defendants hold no legal right of occupation; their occupation was by licence which the Plaintiff has terminated
Alienation of land must be in writing following legal procedure. The Defendants had no documentary evidence of lawful acquisition of the portions they occupy; their occupation rested on the Plaintiff's licence, which she testified she had terminated. Under Section 24 of the Land Registration Act the registered proprietor's rights are exclusive.
Legal principles established
#- A certificate of title is prima facie evidence of absolute and indefeasible ownership, challengeable only on fraud, misrepresentation, illegality, unprocedural acquisition or corrupt scheme
- A customary trust, if proved, binds a registered proprietor under Section 28 of the Land Registration Act, but not every claim of right to land qualifies as a customary trust
- Occupation of a registered proprietor's land without documentation of acquisition is permissive and terminates on withdrawal of consent
Court orders
#- 1.The Amended Plaint dated 27.02.2025 allowed
- 2.A declaration that the suit property known as Kapsaret/Simat Block 2 (Simat)/49 belongs to the Plaintiff
- 3.The 1st, 2nd, 3rd and 5th Defendants directed to yield vacant possession of the portions they occupy within 180 days from the date of judgment
- 4.An order of eviction granted upon expiry of the 180 days in the event of non-compliance
- 5.A permanent injunction prohibiting the 1st, 2nd, 3rd and 5th Defendants from entering, using, occupying or interfering with the suit property upon expiry of the 180 days
- 6.The OCS Simat Police Station directed to supervise execution of the decree
- 7.The 1st, 2nd, 3rd and 5th Defendants condemned to pay the costs of the suit to the Plaintiff
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under the Environment and Land Court Act over disputes relating to land
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kemei v Keronei & 4 others (Environment and Land Case E019 of 2023) [2026] KEELC 3793 (KLR)", Case Analysis (2026). E&L Case No. E019 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3793/eng@2026-06-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.