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ELCPartially AllowedELCL (OS) Case No. E015 of 2026· [2026] KEELC 5329 (KLR)
Nchana & another v Land Registrar, Meru (Enviromental and Land Originating Summons E015 of 2026) [2026] KEELC 5329 (KLR)
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·~5 min to read original · ~4 min briefThe bottom line
#Kenyan courts can authorize selling a child's land share, but the child's portion must be safeguarded in a court-supervised account.
What this practically means
#Executive summary
#The applicants, Faith Nkirote Nchana (mother and co-guardian of the minor) and Nancy Nkatha (now an adult), moved the court by originating summons seeking authorization for the 1st applicant to sell, transfer and execute all instruments of disposition regarding Land Parcel No. Abothuguchi/L-Kaongo/2594 on behalf of and in trust for the minor, Sandra Muthoni. The land had been acquired by Ayub Mwendia Kirimi, the 1st applicant's husband and the minor's father, and registered in the joint names of the mother and his two then-minor daughters in 2024. The family sought to dispose of the land to raise funds for the education and welfare of the children, one of whom had dropped out of school for lack of fees. Three witnesses, including the father, testified in support. The court considered Article 53(2) of the Constitution, Sections 27 of the Land Act, 47 and 91 of the Land Registration Act, 57 of the Trustees Act and 4(2) of the Children's Act 2022, and held that a minor registered as a landowner lacks capacity to dispose of the land and may do so only through a trustee/guardian, who in the absence of a formal deed of trust must obtain a court order. Guided by the best-interests-of-the-child principle, and noting that the minor's share of proceeds would be preserved in an interest-earning account and both guardians supported the sale on oath, the court found a proper case made out. The originating summons was allowed in terms of prayers (a), (b) and (c), with directions for registration of the transfer upon compliance, and no order as to costs. Judgment dated, signed and delivered at Meru on 19 August 2026 by B M Ebosso, ELC Judge.
Key legal issues
#01
Whether a proper case was made to authorize the 1st applicant to sell land held partly in trust for a minor
Holding
Yes - the originating summons was allowed in terms of prayers (a), (b) and (c), with the minor's share of proceeds to be preserved in an interest-earning account
Reasoning
The court considered the constitutional and statutory frameworks protecting children and governing land disposition. It found the suit land held by two adults and a minor as tenants-in-common. Both of the minor's guardians testified on oath supporting the disposal and explained the reasons, and the orders sought preserve the minor's share in an interest-earning account. This satisfied the court that a proper case was made.
p. 6
Legal principles established
#- Land may be registered in the name of a minor, but the minor lacks capacity to dispose of it and can only dispose of the land through a trustee/guardian
- Where there is no formal deed appointing a trustee and vesting specific disposal powers in the trustee, the trustee/guardian must obtain a court order authorizing the disposal
- In exercising jurisdiction to authorize disposal of trust property held for a minor's benefit, the best interest of the child is a paramount consideration
Court orders
#- 1.A declaration and order that the 1st Applicant, Faith Nkirote Nchana, is authorized to sell, transfer, and execute all necessary instruments of disposition regarding Land Parcel No. Abothuguchi/L-Kaongo/2594 on behalf of and in trust for the minor, Sandra Muthoni
- 2.An order directing that the share of the sale proceeds attributable to the minor, Sandra Muthoni, shall be deposited in a designated, interest-bearing bank account to be operated jointly by the 1st Applicant and under the supervision of the Court, strictly for the minor's education, maintenance, medical care, and general welfare
- 3.An order directing the Land Registrar, Meru County, to register the transfer of the suit property in favour of the purchaser and to effect all consequential entries necessary to give effect to the court's orders, upon proof of compliance with the conditions set out
- 4.No order as to costs
- Jurisdiction invoked
- Original jurisdiction to authorize disposal of land held in trust for a minor, grounded in Article 53(2) of the Constitution, the Land Act, the Land Registration Act, the Trustees Act and the Children's Act 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nchana & another v Land Registrar, Meru (Enviromental and Land Originating Summons E015 of 2026) [2026] KEELC 5329 (KLR)", Case Analysis (2026). ELCL (OS) Case No. E015 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5329/eng@2026-08-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.