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ELCDismissedELC Case No. 46 of 2019 (Formerly Bungoma Land Case No. 23 of 2019)· [2026] KEELC 5893 (KLR)

Lake Basin Development Authority v Registered Trustees of the Agricultural Society of Kenya (ASK) & County Government of Bungoma (Interested Party)

Environment and Land Court of Kenya
24 September 2026
2,812 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan court dismissed both a landowner's trespass claim and a county's challenge to a land allotment because neither side brought enough evidence to prove its case.

What this practically means

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Executive summary

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The Lake Basin Development Authority sued the Registered Trustees of the Agricultural Society of Kenya over a plot measuring about 13.4 Ha next to Sangalo Institute in Bungoma, claiming proprietary rights under a Letter of Allotment dated 23rd November 2016 issued by the National Land Commission, and alleging that the Defendant in April 2019 forcefully hived off, fenced and ploughed about 20 acres of grazing and cultivated pasture land. The Plaintiff sought a mandatory injunction, eviction, general damages for trespass and costs. The County Government of Bungoma, joined as Interested Party by consent, counterclaimed for cancellation of the allotment, contending that parcel EAST BUKUSU/WEST SANG'ALO/989 is vested in it for the people of Bungoma and that the allotment was irregular and unconstitutional for want of consultation. The Defendant denied trespass, asserting it held a licence from the County Government. The court framed five issues. It held the Plaintiff claimed only the 13.4 Ha portion, not the entire parcel registered in the County Government's name since 1978. On trespass, PW1 conceded she had produced no boundary documents and no surveyor's report was filed, so trespass was not proved. The Interested Party called no witness, so its allegations of irregular allotment also failed. Both the suit and the counterclaim were dismissed, with costs awarded to the Defendant, to be borne by the Plaintiff. Judgment was delivered virtually on 24th September 2026 by E. Asati, J.

Key legal issues

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01

Extent of the Plaintiff's entitlement to the suit land

Holding

The Plaintiff was allocated only a portion measuring 13.4 hectares of parcel EAST BUKUSU/WEST SANG'ALO/989, not the entire suit land

Reasoning

The plaint described the land as the 13.4Ha plot allotted by the Letter of Allotment dated 23/11/2016. PW1 conceded in cross-examination that Exhibit P5 allocated 40 acres and not the entire suit land, and that the whole parcel measured about 60 acres. The certificate of official search showed the whole parcel, measuring 25.37 Ha, registered in the name of the County Council of Bungoma since 1978.

p. 10
02

Whether the Defendant trespassed on the Plaintiff's land

Holding

Trespass was not proved

Reasoning

The elements of trespass require unauthorized entry or interference with possession. PW1 admitted she had not produced documents showing boundaries and that it was not possible to tell from the documents whether the Defendant had trespassed. No surveyor's report was produced and the photographs did not show unlawful activities by the Defendant on the land claimed.

p. 13
03

Whether the Plaintiff's title/allotment should be cancelled

Holding

The Interested Party's counterclaim for cancellation of the allotment was dismissed for want of proof

Reasoning

The Interested Party pleaded that the allotment by the National Land Commission was irregular, unlawful and unconstitutional for lack of consultation and concurrence, but called no witness and produced no evidence. Allegations must be proved on a balance of probabilities; unproved allegations cannot ground cancellation of an allotment.

p. 15

Legal principles established

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  • Trespass to land is constituted by an unjustified interference with possession of land and must be proved by evidence
  • A party alleging irregular or unconstitutional allotment bears the burden of proving it

Court orders

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  1. 1.The suit is dismissed
  2. 2.The counterclaim by the Interested Party is dismissed
  3. 3.Costs of the suit are awarded to the Defendant to be borne by the Plaintiff
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over land disputes (Article 162(2)(b) of the Constitution implied; not expressly stated in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Lake Basin Development Authority v Registered Trustees of the Agricultural Society of Kenya (ASK) & County Government of Bungoma (Interested Party)", Case Analysis (2026). ELC Case No. 46 of 2019 (Formerly Bungoma Land Case No. 23 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5893/eng@2026-09-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.