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ELCPartially AllowedELCOS No. E073 of 2025

Anyanga v Ayieko & another (Enviromental and Land Originating Summons E073 of 2025) [2026] KEELC 3279 (KLR)

Environment and Land Court
8 May 2026
INDR IUR Nyagaka
1,778 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Homa Bay court ruled that a man who occupied land openly for over 25 years now owns 0.71 hectares of it, even though the title remains in someone else's name.

What this practically means

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Executive summary

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The Applicant, Raphael Jomo Anyanga, instituted an Originating Summons dated 26th September 2025 against the Respondent, Fitz Mark Ayieko, seeking a declaration that he had acquired title to land parcel Kanyada/Kanyango/Kalanya/4335 (0.71 Ha) by adverse possession, an order that the parcel be registered in his name, and costs. The Applicant deponed that he had been in continuous, uninterrupted possession since 2003, cultivating the land and building homes for his three wives on it, and that the Respondent had never objected. At the full hearing the Applicant was the sole witness; he adopted his affidavit and further affidavit, produced photographs of his homes and a certificate of official search confirming the land was registered in the Respondent's name. Counsel for the Applicant relied on Sections 7 and 38 of the Limitation of Actions Act and authorities on the elements of adverse possession. The court framed a sole issue: whether the Applicant had acquired the suit land by adverse possession. Applying the Limitation of Actions Act and the Mtana Lewa definition, the court listed the required elements - possession adverse, actual, open and notorious, without force, exclusive, and continuous for twelve years - and found that the Applicant had tabled cogent and consistent evidence of uninterrupted, notorious, exclusive and continuous use for over 12 years. The suit succeeded. The court declared the Applicant entitled to 0.71 hectares by adverse possession, ordered the Respondent to sign transfer documents within 30 days of survey (default: Deputy Registrar), directed the County Surveyor to survey and excise the parcel and the Land Registrar Homa Bay to register it in the Applicant's name, and ordered each party to bear its own costs. Judgment was delivered virtually on 8th May 2026.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Applicant has acquired the suit land by way of adverse possession

Key legal issues

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01

Whether the Applicant acquired title to the suit land by adverse possession

Holding

Yes - the Applicant proved actual, open, exclusive, continuous and uninterrupted possession for over 12 years (over 25 years in fact)

Reasoning

The Applicant testified as sole witness that he had occupied the land for over 25 years, built homes for three wives, and buried his first wife on the parcel. Photographs evidenced actual occupation and a certificate of official search confirmed registration in the Respondent's name. The court found cogent and consistent evidence meeting all elements of adverse possession under Sections 7, 13, 17 and 38 of the Limitation of Actions Act.

p. 4

Legal principles established

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  • Adverse possession requires uninterrupted, notorious, exclusive and continuous use of land for a period of 12 years
  • Upon expiry of the limitation period, the title of the registered owner is extinguished

Court orders

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  1. 1.A declaration that the Applicant has acquired title to 0.71 hectares out of land parcel No. Kanyada/Kanyango/Kalanya/4335 by way of adverse possession
  2. 2.The Respondent to sign all transfer documents within 30 days of survey and drawing of mutation forms at the Applicant's cost, in default the Deputy Registrar to sign
  3. 3.The County Surveyor to carry out survey on being moved and facilitated by the Applicant and excise the parcel, and the Land Registrar Homa Bay County to register approximately 0.71 hectares in the Applicant's name
  4. 4.Each party shall bear its own costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

IN
majority

Wrote the judgment

Jurisdiction invoked
Section 38(1) of the Limitation of Actions Act - application for an order that a person entitled by adverse possession be registered as proprietor

Relief refused

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Costs of the Originating Summons in favour of the Applicant

Court ordered each party to bear its own costs

p. 4

Costs

Each party shall bear its own costs.

Quotable passages

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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 Applicant has acquired title to 0.71 hectares out of land parcel No. Kanyada / Kanyango / Kalanya /4335, having occupied it for over 12 years by way of adverse possession
p. 4declaration of title by adverse possession
The Respondent is ordered to sign all transfer documents to facilitate the transfer and of the said parcel of land, measuring approximately 0.71 hectares out of land being part of parcel No. Kanyada/Kanyango/Kalanya/4335 in favour of the Applicant within 30 days of survey and drawing of the mutation forms thereto at the cost of the applicant
p. 4final orders - transfer and registration
Adverse possession is essentially a situation where a person takes possession of land and asserts rights over it and the person having title to it omits or neglects to take action against such person in assertion of his title for a certain period, in Kenya is twelve (12) years
p. 3definition of adverse possession (Mtana Lewa v Kahindi Ngala Mwangandi)
It is therefore my considered view that the Applicant has tabled cogent and consistent evidence that he has had uninterrupted, notorious, exclusive and continuous use of the suit land for a period of over 12 years
p. 4finding on the evidence

Issues in the judgment

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minor

The supporting affidavit deposes to possession since 2003 (approximately 22 years) while testimony and submissions claim over 25 years of occupation

minor

Originating Summons dated 26th September 2025 but submissions dated 3rd February 2026, with judgment delivered 8th May 2026 - internal chronology appears forward-dated

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Anyanga v Ayieko & another (Enviromental and Land Originating Summons E073 of 2025) [2026] KEELC 3279 (KLR)", Case Analysis (2026). ELCOS No. E073 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3279/eng@2026-05-08

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.