Kathurima (Now Deceased and Substituted by Sarah Mwaka Kathurima) v County Government of Meru & another (Environment and Land Case 79 of 2019) [2026] KEELC 5050 (KLR)
The bottom line
#The Environment and Land Court in Meru confirmed a family's ownership of two Meru plots, ruling that the county government failed to prove the land was public.
What this practically means
#Executive summary
#Key legal issues
#Whether the deceased was the registered proprietor of Meru Municipality Block II/870 and 871
Yes. Certificates of lease, official searches and the testimony of a Deputy Director of Land Administration confirmed registration of the deceased as proprietor on 30/6/2003, unrebutted by any defence evidence.
The plaintiff produced registered titles and two official searches confirming the deceased's registration. An independent government witness, Elias Kaburu, produced the correspondence file and confirmed the parcels arose from subdivision of parcel II/805 allocated to the deceased. The 1st defendant, though denying registration in its defence, tendered no evidence to controvert the plaintiff's proof.
Whether the two parcels are public lands
No. The 1st defendant failed to discharge the burden of proving that the titles were null and void because the land was public land.
The 1st defendant pleaded that the parcels were public lands and the titles null and void, but elected not to tender evidence. The plaintiff showed the lands were allocated to the deceased, surveyed out of parcel II/805, with a portion surrendered to the local authority. Under Sections 24, 25 and 26 of the Land Registration Act and Sections 107-109 of the Evidence Act, the burden lay on the party impugning the titles, which it failed to discharge.
Whether the plaintiff is entitled to the reliefs sought
Prayers (a), (b) and (c) of the amended plaint were granted; the claim for general damages was refused for lack of pleadings, evidence and submissions on quantum and the liable defendant.
The findings on proprietorship and indefeasibility of title entitled the estate to declaration, permanent injunction and lifting of the restriction. However, on general damages the court held that without specific pleadings, evidence and submissions identifying the liable defendant and quantum for each limb, it could not award damages; awarding figures would be plucking numbers from the air.
Legal principles established
#- A certificate of title is prima facie evidence of absolute and indefeasible ownership, challengeable only on fraud or misrepresentation to which the proprietor is a party, or where the title was acquired illegally, unprocedurally or through a corrupt scheme
- A party alleging that registered titles are null and void on the ground that the land is public land bears the burden of proving that allegation, and failure to tender evidence is fatal to the allegation
- In the absence of impeaching evidence, a court is obliged to accept registered titles as indefeasible and protect them under Article 40 of the Constitution
Court orders
#- 1.A declaration that the plaintiff is the registered proprietor of L.R Nos Meru Municipality Block II/870 and 871 and is entitled to vacant possession thereof
- 2.A permanent order of injunction restraining the defendants from interfering with the plaintiff's ownership, user, occupation and enjoyment of Meru Municipality Block II/870 and 871
- 3.An order for lifting of the restriction placed over LR Nos Meru Municipality Block II/870 and 871
- 4.The two defendants to bear costs of the plaintiff in equal portions
- Jurisdiction invoked
- Article 162(2) of the Constitution (Environment and Land Court jurisdiction), the plaintiff being the registered proprietor of the suit parcels seeking declaration, injunction and lifting of a restriction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kathurima (Now Deceased and Substituted by Sarah Mwaka Kathurima) v County Government of Meru & another (Environment and Land Case 79 of 2019) [2026] KEELC 5050 (KLR)", Case Analysis (2026). Meru ELC Case No 79 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5050/eng@2026-07-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.