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MagistrateAllowedEnvironment and Land Case E046 of 2024· [2026] KEMC 166 (KLR)

Wekesa v Wamalwa (Environment and Land Case E046 of 2024) [2026] KEMC 166 (KLR)

Senior Principal Magistrate's Court (Environment and Land jurisdiction)
18 June 2026
RMR.B.N MALOBA
994 words in judgment
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The bottom line

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A Kenyan court ordered a land trespasser evicted within 90 days, confirming that registered title holders can reclaim their land from unlawful occupants.

What this practically means

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Executive summary

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The plaintiff sued by plaint dated 9 May 2024 for eviction, a permanent injunction, police security for eviction, and costs, alleging that the defendant had unlawfully trespassed on land parcel No. E. BUKUSU/N. NALONDO/6118, which she had purchased from Elizabeth Nanjala Wamalwa, and had constructed a semi-permanent structure and sent third parties to harass and threaten her. The defendant was served but neither appeared nor filed a defence; interlocutory judgment was entered on 11 June 2024 and the matter proceeded ex parte. The plaintiff adopted her witness statement and produced a title deed, sale agreements and a demand notice. The court framed two issues: whether the plaintiff demonstrated trespass, and whether the orders sought should issue as prayed. Holding that the plaintiff was the absolute and indefeasible proprietor under Section 23(1) of the Registration of Titles Act, Cap. 281, reproduced in Sections 25 and 26 of the Land Registration Act, and that her unchallenged evidence of trespass stood uncontradicted after interlocutory judgment, the court entered judgment as prayed. The defendant was ordered to vacate within 90 days failing which he would be forcefully evicted, with the OCS Nalondo Police Station directed to provide security and oversee the eviction; a permanent injunction issued; and the plaintiff was awarded costs of the suit with interest at court rates from the date of the judgment.

Key legal issues

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01

Whether the plaintiff proved trespass on the suit land

Holding

Yes - as registered absolute title holder, the plaintiff is entitled to undisturbed user and occupation, and the unchallenged ex parte evidence of trespass established the claim

Reasoning

The plaintiff produced a title deed showing she is the absolute and indefeasible proprietor of the suit land measuring 0.38Ha. Her rights stem from Section 23(1) of the Registration of Titles Act, reproduced in Sections 25 and 26 of the Land Registration Act. Interlocutory judgment had been entered against the defendant, who did not appear or file a defence, and the plaintiff's evidence of trespass and interference was not challenged at trial.

p. 3
02

Whether the orders sought should be granted as prayed

Holding

Yes - the suit succeeded as prayed, with eviction within 90 days, permanent injunction, police security for eviction, and costs plus interest

Reasoning

Having established indefeasible title and unchallenged evidence of trespass, the court entered judgment as prayed. Costs followed the event, the plaintiff having succeeded, and interest at court rates was awarded from the date of judgment.

p. 3

Legal principles established

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  • A registered title holder has absolute and indefeasible ownership rights, challengeable only on fraud or misrepresentation to which the owner is a party
  • Costs, though discretionary, follow the event

Court orders

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  1. 1.The defendant be and is hereby directed to vacate plaintiff's land parcel No. E. BUKUSU/N. NALONDO/6118 within 90 days and in default, he be forcefully evicted therefrom upon expiration of the said period
  2. 2.A permanent injunction be and is hereby issued restraining the defendant, his servants, representatives, agents, workers and any other person claiming through him from trespassing, encroaching, constructing and/ or interfering with land parcel No. E. BUKUSU/N. NALONDO/6118
  3. 3.The OCS Nalondo Police Station be and is hereby ordered to provide security and oversee the exercise of eviction in the event of the defendant's failure within the period stipulated in (a) above
  4. 4.The plaintiff be and is hereby awarded costs of this suit and interest thereon at court rates from date hereof

Authorities

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Legislation

  • The Land Registration ActNo. 3 of 2012, section 108
  • The Land Registration ActSections 25 and 26
  • The Registration of Titles ActCap. 281, Section 23(1)

Cases cited (4)

  • RASOWA V PAUL (SUED AS THE ADMINISTRATOR OF THE ESTATE OF PAUL OCHIENG AKUKU – DECEASED) & 3 OTHERS
    (Environment and Land Appeal E006 of 2025) [2026] KEELC 2762 (KLR) (7 May 2026) (Judgment)
  • GITWANY INVESTMENT LIMITED v TAJMAL LIMITED & 3 OTHERS
    [2006] KEHC 2519 (KLR)
  • Omolo (Suing as the legal representative of the Estate of Charles Omolo Onyango) v Tagot & 3 others
    (Environment and Land Case 228 of 2017) [2026] KEELC 3526 (KLR) (8 June 2026) (Ruling)
  • Mlango v Mwandawiro
    (Civil Case E009 of 2026) [2026] SCC 34 (KLR) (17 March 2026) (Judgment)
Jurisdiction invoked
Original civil suit; land registered under the Land Registration Act (No. 3 of 2012, section 108); rights asserted under Section 23(1) of the Registration of Titles Act Cap. 281 and Sections 25 and 26 of the Land Registration Act

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, "Wekesa v Wamalwa (Environment and Land Case E046 of 2024) [2026] KEMC 166 (KLR)", Case Analysis (2026). Environment and Land Case E046 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/166/eng@2026-06-18

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