The Environment and Land Court has confirmed that a disputed parcel of land in Nairobi belongs to a Chinese company, ending a legal battle that has lasted more than a decade.
The dispute involved a private party seeking recognition of ownership through adverse possession, and the National Land Commission, which attempted to join the case, claiming the land was public and asserting a right to be heard before any transfer of ownership.
The ownership claim dates back over 12 years. Despite serving the original landholder via public notice, the respondent failed to respond, leading the Court to rule in favour of the petitioner in July 2025.
“This Court finds that the petitioner has satisfied all tenets of adverse possession, and the Proposed Interested Party’s application is largely unmerited,” the judge stated in her ruling.
Following that judgment, the petitioner applied for authorisation for the Court’s Deputy Registrar to execute all documents necessary to transfer and register the land in their name.
The land commission argued that the land was public, contending that the prior judgment overlooked crucial facts, including the land’s leasehold status and the public’s interest. They claimed that failing to involve them in the proceedings could result in unlawful alienation of public land.
In response, the petitioner maintained that the land was private, with a registered title, and that all procedural requirements had been properly followed. They emphasised that there were no boundary disputes and that service of notice to the respondent was correctly effected.
After reviewing the applications, the Court ruled that the land commission did not meet the criteria to join as an Interested Party. It noted that the land was private, registered in the respondent’s name, and that the agency’s involvement was unnecessary.
The Court also declined to review or set aside the earlier judgment, finding no evidence of error or new material facts. The Deputy Registrar was also authorised to complete all necessary steps to transfer and register the land in favour of the petitioner.
In Kenya, private land ownership disputes are governed by a combination of constitutional protections and specific land legislation.
The Constitution guarantees the right to acquire and own property while protecting owners from arbitrary deprivation, and the Land Act and Land Registration Act establish the framework for land management, registration, and rectification of errors.
The Environment and Land Court (ELC) has exclusive jurisdiction over complex disputes involving ownership, boundaries, and titles, while the Limitation of Actions Act allows long-term occupiers to claim ownership through adverse possession after 12 years.
Common disputes included double allocation, inheritance conflicts, boundary encroachment, and adverse possession claims, which are often resolved through negotiation, mediation, arbitration, or, when necessary, formal litigation in the ELC.
