Siele v Bii (Sued as the Legal Representative of the Estate of Chelangat Tabutany Maseti alias Tabutany w/o Ratego) (Environment and Land Case E002 of 2024) [2026] KEELC 2734 (KLR)
The bottom line
#A Kericho man who bought land in 1995 but never got the title won full ownership through adverse possession after 26 years of living on it.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff acquired Kericho/Kabianga/476 by adverse possession
Yes. The plaintiff entered under a 1995 sale agreement, paid the last installment on 27th August 1998 and remained in open, peaceful and exclusive possession; by filing suit in 2024 twenty-six years had elapsed, far exceeding the 12-year limitation period.
The court applied the rule that where possession arises from a sale agreement paid by installments, limitation runs from payment of the last installment. The plaintiff's evidence — the sale agreement, addendum, possession since 1995, fencing, cultivation and construction of houses — established open, exclusive and uninterrupted possession for over 12 years without challenge from the deceased or her beneficiaries.
Whether the declaratory, transfer and injunctive prayers should issue
Granted in full; a purchaser in possession who has paid the purchase price may seek an order that he be registered as proprietor, and the court may order the legal representative of the estate to execute transfer documents, with the Deputy Registrar executing in default.
Having found the elements of adverse possession established, the court held that nothing stood in the way of granting the prayers. The deceased died before completing the transfer, and the defendant, holder of a Limited Grant of Letters of Administration Ad Litem, was ordered to execute the transfer documents within 90 days, failing which the Deputy Registrar would do so; a permanent injunction also issued.
Legal principles established
#- Where a claim of adverse possession arises out of a sale agreement with installment payments, the limitation period runs from the date of payment of the last installment of the purchase price.
- A claimant must prove exclusive, open, uninterrupted possession as of right for 12 years either after dispossessing the owner or on the owner's discontinuation of possession.
Court orders
#- 1.William Kipkoske Siele is declared to have acquired land parcel No. Kericho/Kabianga/476 (1.5 Ha) by way of adverse possession.
- 2.Eunice Bii ordered to execute within 90 days all documents necessary for the transfer and registration of land parcel No. Kericho/Kabianga/476 to William Kipkoske Siele.
- 3.In default, the Deputy Registrar of the Court shall execute the said documents.
- 4.A permanent injunction restraining the Defendant, her agents, nominees and/or representatives from interfering with the Plaintiff's quiet possession of land parcel No. Kericho/Kabianga/476.
- 5.The Plaintiff shall have costs of the suit.
- Jurisdiction invoked
- Section 38 of the Limitation of Actions Act and Order 37 Rule 7 of the Civil Procedure Rules (application for adverse possession order; High Court jurisdiction under s.38(1))
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Siele v Bii (Sued as the Legal Representative of the Estate of Chelangat Tabutany Maseti alias Tabutany w/o Ratego) (Environment and Land Case E002 of 2024) [2026] KEELC 2734 (KLR)", Case Analysis (2026). Originating Summons dated 7th March, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2734/eng@2026-05-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.