Kasoli v Sengu (Environment and Land Case E042 of 2021) [2025] KEELC 8114 (KLR)
The bottom line
#A Kenyan court confirmed that land registered in one person's name still belongs to the family if it is ancestral land held under customary trust.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Plaintiff has demonstrated a valid claim to land Parcel No. Kiteta/Kiambwa/918 on grounds of a customary trust?
- 2.Whether the Plaintiff is entitled to the prayers sought?
Key legal issues
#Whether a customary trust was established over Kiteta/Kiambwa/918
No customary trust established; the Plaintiff failed to prove the parcel was ancestral land reserved for the family, and the Defendant was in exclusive ownership and possession
Applying the Supreme Court's elements in Isack M'inanga Kiebia v Isaaya Theuri M'lintari, the court found the plaintiff neither in possession nor demonstrating that the land was reserved for family uses such as burial or construction. The defendant had buried his children, planted mangoes and farmed the parcel, evidencing exclusive ownership, so the claim failed.
Whether the Defendant holds Kiteta/Kiambwa/919 in trust for the Plaintiff
Yes; the defendant conceded the parcel was ancestral land of his late father registered in his name as eldest son, so a customary trust over it was established
Both parties agreed Parcel 919 was ancestral land originally owned by the late Munywoki Kasoli, and the defendant conceded he was registered only as the eldest son. The plaintiff was in possession with the defendant's siblings. On the Kiebia elements, a customary trust was proved, entitling the plaintiff to the declarations and transfer orders sought.
Costs of the suit
Each party to bear own costs given the familial relationship, departing from the general rule that costs follow the event
Although costs ordinarily follow the event under Section 27 of the Civil Procedure Act as explained in Supermarine Handling Services Ltd v Kenya Revenue Authority, the court exercised its discretion to order each party to bear its own costs because the parties are mother and son with an ongoing familial relationship.
Legal principles established
#- A customary trust is an overriding interest that binds a registered proprietor under Sections 25(1)(b) and 28 of the Land Registration Act, 2012
- The burden of proving a customary trust falls on the party alleging it
Court orders
#- 1.A declaration that the Defendant holds Title No. Kiteta/Kiambwa/919 in trust for the Plaintiff
- 2.A declaration that the Plaintiff is the sole proprietor of land Parcel Number Kiteta/Kiambwa/919
- 3.An order directing the Land Registrar, Makueni to cancel the name of the Defendant in the register of land Parcel Number Kiteta/Kiambwa/919
- 4.An order compelling the Defendant to transfer land Parcel Number Kiteta/Kiambwa/919 to the Plaintiff within thirty (30) days of judgment, and in default the Deputy Registrar to execute the requisite transfer documents
- 5.Each party shall bear its own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over land parcels Kiteta/Kiambwa/918 and 919
Relief refused
#Declaration and orders in respect of land Parcel No. Kiteta/Kiambwa/918
The Plaintiff did not adduce compelling evidence that Parcel 918 was ancestral family land reserved for the family; she failed to prove a customary trust over it
Costs
Each party shall bear its own costs.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
A declaration is hereby issued that the Defendant holds Title No. Kiteta/Kiambwa/919 in trust for the Plaintifi
A declaration is hereby issued that the Plaintifi is the sole proprietor of land Parcel Number Kiteta/Kiambwa/919.
An order is hereby issued compelling the Defendant to transfer land Parcel Number Kiteta/Kiambwa/919 to the Plaintifi within thirty (30) days of this judgment and in default the Deputy Registrar of this Honourable Court to execute the requisite transfer documents.
it is undoubtedly clear that land Parcel No. Kiteta/Kiambwa/918 is not ancestral land and that the Plaintifi has not established a customary trust over the same.
Each party shall bear its own costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kasoli v Sengu (Environment and Land Case E042 of 2021) [2025] KEELC 8114 (KLR)", Case Analysis (2025). Not stated in the judgment (Makueni ELC suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8114/eng@2025-11-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.