Adolph-Laroche & another v Boru (Sued as the Representative of Dima Boru Jarso)
The bottom line
#A Kenyan court gave two American buyers ownership of land they occupied for over 12 years, but capped it at a 99-year lease because they are not citizens.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiffs established adverse possession
Yes - entry in 2003 under a sale agreement with purchase price paid; possession open, continuous, undisturbed for over 12 years with the owner's knowledge; the defendant's permission claim was unsupported
The court applied the Songoi and Njuguna v Kamau elements. The vendor's unimpeached 2017 affidavit confirmed the sale and payment; possession since 2003 was open and continuous; DW1 admitted the plaintiffs resided and had built on the land. The permission defence was unsupported by evidence of when or how permission was given, and the alleged grantor swore he sold the land. The 2024 eviction notice could not stop time already run.
Whether non-citizen plaintiffs can be registered as freehold owners
No - registration limited to a 99-year leasehold under Article 65(1) and (2), with reversionary rights vesting in the Government of Kenya
Both plaintiffs testified they are USA citizens. Article 65(1) restricts non-citizens to leasehold tenure not exceeding 99 years, and Article 65(2) deems any purported greater interest to confer only a 99-year leasehold. The court therefore granted the adverse possession declaration but capped registration at a 99-year lease from the date of judgment.
Legal principles established
#- A claimant for adverse possession must show the date of entry, nature of possession, knowledge of the owner, duration, and that possession was open and undisturbed for the requisite 12 years
- Where adverse possession is anchored on a sale agreement, the claimant must have paid the entire purchase price and time runs from payment of the price or last instalment
- A non-citizen may hold land on leasehold tenure only, not exceeding ninety-nine years; any greater interest is regarded as a ninety-nine year leasehold interest
Court orders
#- 1.Declaration that the Defendant's right to recover the whole of land parcel No. Marsabit/Jirme/581 is barred under the Limitation of Actions Act Chapter 22 Laws of Kenya, and his title thereto extinguished, the Plaintiffs having openly, peacefully and continuously been in occupation and possession of the suitland for a period exceeding 12 years
- 2.Order that the Plaintiffs be registered as the proprietors of the whole of occupied land parcel Marsabit/Jirme/581 in place of the Respondent
- 3.Registration of the Plaintiffs as proprietors of the suit property shall be for a leasehold period of 99 years only, wef date of the judgment
- 4.Upon lapse of the lease period (99 years), the reversionary rights shall vest in the radical owner of the land (the Government of the Republic of Kenya)
- 5.The Deputy Registrar and/or Executive Officer of the court directed to execute transfer instruments and all other attendant documents to facilitate transfer and registration of the suitland in favour of the Plaintiffs in event of default by the respondent
- 6.Permanent injunction restraining the defendant, his agents, servants, brothers and sisters or employees from interfering with the Plaintiffs' peaceful possession and occupation of land parcel No. Marsabit/Jirme/581
- 7.Costs of the Originating Summons to be borne by the Defendant, to be agreed and in default taxed in the conventional manner
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution, 2010 (Environment and Land Court); Limitation of Actions Act, Chapter 22, Laws of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Adolph-Laroche & another v Boru (Sued as the Representative of Dima Boru Jarso)", Case Analysis (2026). Originating Summons E001 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5742/eng@2026-09-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.