Pamela Waithera Mburu v County Government of Kajiado [2018] KEELC 4062 (KLR)
The bottom line
#A Kenyan court ordered Kajiado County to pay a landowner Kshs. 2.1 million for building an ungazetted road through her titled land.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff is the legal proprietor of the suit property
Yes; the Plaintiff's certificate of title was prima facie proof of ownership, uncontroverted as the Defendant filed no defence
PW1 produced her title deed, Certificate of Official Search, Mutation Form and Registry Index Map. The court relied on section 26(1) of the Land Registration Act, which renders a certificate of title prima facie evidence of absolute and indefeasible ownership. The Defendant filed no defence and did not attend court, so the evidence stood uncontroverted.
Whether the Defendant trespassed by demarcating a road through the suit land
Yes; the road traversing the land to the Governor's residence was not shown on the RIM and no gazette notice was produced, amounting to trespass
The Registry Index Map produced in court showed no road passing through the suit land. The Defendant did not controvert the evidence, furnished no gazette notice, and its officer removed the Plaintiff's barrier and fence. Demand letters went unanswered. On this uncontroverted material the court found the demarcation of the road through the middle of the land constituted trespass.
Whether a permanent injunction should issue against the Defendant
Yes; as registered absolute proprietor the Plaintiff's vested rights should not be interfered with, and the Defendant proved no claim over the land
Relying on section 24(a) of the Land Registration Act and the Ahmed Ibrahim Suleiman authority, the court found that registration vests absolute ownership and appurtenant rights. The Defendant, having filed no defence and proved no claim over the suit land, should be permanently restrained from interfering with the Plaintiff's peaceful and quiet possession.
Whether the Plaintiff was entitled to special, general and exemplary damages
Special damages of Kshs. 110,000 proved; general damages of Kshs. 1,000,000 awarded as trespass is actionable per se; exemplary damages of Kshs. 1,000,000 awarded for the County's arbitrary conduct
The uncontroverted evidence proved Kshs. 50,000 fencing costs and Kshs. 60,000 valuation fees. Although no loss was quantified for trespass, trespass being actionable per se, general damages were awarded following Duncan Nderitu Ndegwa. Exemplary damages followed Titus Gatitu Njau, the County having failed to give notice or gazette the road, demolished the fence without colour of right, conduct the court termed impunity contrary to the Fair Administrative Action Act.
Legal principles established
#- A certificate of title is prima facie evidence that the person named as proprietor is the absolute and indefeasible owner of the land
- Trespass to land is actionable per se and no proof of damage is necessary for the court to award general damages
- Exemplary damages may be awarded where there is oppressive, arbitrary or unconstitutional action by servants of the government
- Registration of a person as proprietor of land vests in that person absolute ownership together with all rights and privileges appurtenant thereto
Court orders
#- 1.Judgment entered for the Plaintiff against the Defendant in the sum of Kshs. 2,100,000 comprising Kshs. 1,000,000 general damages for trespass, Kshs. 1,000,000 exemplary damages and Kshs. 110,000 special damages
- 2.A declaration issued that the plaintiff is the absolute proprietor of land parcel Kajiado/Kitengela/22811
- 3.A permanent injunction restraining the Defendant, its agents and/or servants from harassing, threatening, intimidating, trespassing upon, demolishing or in any manner interfering with the Plaintiff's suit property known as title number Kajiado/Kitengela/22811
- 4.Costs of the suit awarded to the Plaintiff
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution (Environment and Land Court jurisdiction over land disputes) - the judgment does not expressly cite the provision, being filed as a plaint under the Land Registration Act and ELC procedure
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kuria & 3 others v Muriithi & another (Environment and Land Case E034 of 2025) [2026] KEELC 1941 (KLR)[2026] KEELC 1941 (KLR)26 Feb 2026
Cite this brief
#Cite this brief
Caselaw, "Pamela Waithera Mburu v County Government of Kajiado [2018] KEELC 4062 (KLR)", Case Analysis (2018). ELC Case No. 620 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4062/eng@2018-03-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.