Khaluyile v Murabi & another (Sued as Administrators and representatives of the Estate of Stephano Wasia-Deceased) (Environment and Land Appeal E082 of 2024) [2026] KEELC 3903 (KLR)
The bottom line
#The Environment and Land Court in Kakamega dismissed a land claim because the claimant had no documents or clear evidence proving 12 years of peaceful occupation.
What this practically means
#Executive summary
#Key legal issues
#Whether the appellant proved a claim of adverse possession over L.R No. Kakamega/Lukume/377
The appellant failed to prove adverse possession; the trial court's dismissal of the claim was correct and the appeal was dismissed
The court reiterated the statutory scheme under sections 7, 13, 17 and 38 of the Limitation of Actions Act and the requirement of open, peaceful and uninterrupted possession for 12 years. The appellant neither pleaded nor testified as to the manner of his occupation, produced no extract of title as required under Order 37 Rule 7 of the Civil Procedure Rules, and the evidence showed ongoing boundary disputes over the land, negativing peaceful occupation. The trial court's conclusions therefore required no interference.
Legal principles established
#- To prove adverse possession, possession must be shown to be adequate in continuity, publicity and extent, and adverse to the registered owner
- A claimant in an adverse possession suit must plead and prove the manner of occupation and produce documentary evidence including an extract of title under Order 37 Rule 7 of the Civil Procedure Rules
- The duty of a first appellate court is to re-analyze, re-evaluate and re-assess the evidence and reach its own conclusions while allowing for the lack of advantage of seeing and hearing witnesses
Court orders
#- 1.The appeal was dismissed with costs to the respondents
- On appeal from
- Chief Magistrate's Court, Kakamega (Environment and Land Court, CM ELC)
- Kakamega CM ELC Case No. E020 of 2020
- Jurisdiction invoked
- First appellate jurisdiction over an appeal from the trial magistrate's court in an ELC matter
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Khaluyile v Murabi & another (Sued as Administrators and representatives of the Estate of Stephano Wasia-Deceased) (Environment and Land Appeal E082 of 2024) [2026] KEELC 3903 (KLR)", Case Analysis (2026). Not stated in the excerpt (Kakamega ELC Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3903/eng@2026-06-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.