Nderitu v Migwi (Enviromental and Land Originating Summons E002 of 2026) [2026] KEELC 4967 (KLR)

died on 27/2/2028 at PGH Annex at the age of 67 years and a copy of the Death Certificate is attached to the Supporting Afidavit. 3. In the aforesaid Afidavit the Plaintifi, son of John Nderitu Murage said that his father was allotted L.R No. L.R No. NYANDARUA/ OL-JORO-OROK SALIENT/1154 measuring 2.4 Hectares on 4/10/1975 by the Settlement Fund Trustees and paid 500/- on such allotment. His father then settled on the land. He said that he and all his siblings all born between 1980 and 1992 were born on the same land where they reside to date. He further averred that his late paternal grandfather, Duncan Murage was buried on the land in 1986. Both his parents are also buried on the land. His father was unable to get a Title Deed to the land because the Defendant did get one on 29/3/1993 and a restriction was placed against the land on 29/1/1996 vide a letter by the District Land Administration Settlement Oficer at the request of the Plaintifi’s father, a second one through the Director of Land Adjudication and Settlement on 15/2/1996 and another one by District Commissioner on 15/1/1999. 4. The District Oficer vide a letter dated 15/3/1996 and the District Land Administration Settlement Oficer vide a letter dated 8/11/2001 both confirmed the land belonged to his father. His mother died in 2003 and his father in 2018 both of who were in occupation of the suit land until their demise. His father was on the land for 43 years. The Plaintifi said he was born on 4/1/1982. He prayed that the suit land be registered in his late father’s name and that the Title Deed in the name of the Defendant be accordingly cancelled. 5. Due to failure by the Defendant to enter appearance or file a Response to the Originating Summons he was served by way of substituted service vide order of the Court issued on 9/3/2026. The same was served through the “Daily Nation” issue of 8/4/2026. The Defendant still did not appear and interlocutory Judgment was requested for on 6/5/2026 and the same entered on 14/5/2026 before the case was heard on 9/7/2026. 6. Evidence was adduced in line with the averments above by the Plaintifi Duncan Maina Nderitu. He said the land was registered and a Title Deed issued to Joseph Kimemia Migwi, the Defendant herein on 29/3/1993 and 20/4/1993 respectively. The other entries are restrictions as explained in the Supporting Afidavit of the Plaintifi. 7. Having given uncontroverted evidence that the Plaintifi, his late parents and grandfather and siblings have lived on the suit land for over 43 years for his parents and since 1980 for the children and from the fact that the Title Deed was issued in 1993, now 29 years openly, uninterrupted, without authority and exclusively I determine all the Questions in the Originating Summons in the afirmative and emphasize that the suit land shall be registered in the name of the Plaintifi to hold the same for and on behalf of the late John Nderitu Murage until the Estate of the Deceased is distributed. The Plaintifi will also have the costs of the suit from either the Estate or from the Defendant, if ever he is found. JUDGMENT READ, SIGNED AND DELIVERED AT NYANDARUA THIS 30TH DAY OF JULY, 2026. MUGO KAMAU JUDGE In the Presence of: Court Assistant: Samson Plaintifi’s Counsel: . Mr. Gakenia. Defendant’s Counsel: . https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4967/eng@2026-07-30 2

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