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ELCPartially AllowedKitale ELC LC No. E003 of 2023· [2026] KEELC 4016 (KLR)

Maiyo & another v County Government of Trans Nzoia (Land Case E003 of 2023) [2026] KEELC 4016 (KLR)

Environment and Land Court
29 June 2026
4,578 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The plaintiffs sued the County Government of Trans-Nzoia over land comprising Kitale Municipality Block 3/857 (registered in the 1st plaintiff's name under a certificate of lease issued 26/2/2020) and unsurveyed light industrial Plot No. 4, Kitale Municipality (allotted by the defunct Commissioner of Lands by letter dated 31/5/1996). They claimed that on 17/4/2023 the defendant demolished their perimeter wall, buildings and structures using a bulldozer without notice or court order, and sought declarations of ownership, damages and injunctions. The defendant, by defence and counterclaim, asserted the parcels are public land reserved for Kenyatta Stadium, incapable of private alienation, and sought a declaration of its own ownership and a permanent injunction. The defendant filed pleadings, a witness statement and documents but called no witnesses, closing its case. The court framed four issues and held that the defendant failed to discharge the burden of proving the land was public land, since unsubstantiated pleadings have no probative value. The plaintiffs' paper trail - allotment letters, receipts, lease, PDP, rates and rent payments - corroborated by a valuer's survey evidence, established valid root of title, and the parcels were found not to form part of Kitale Stadium land. The demolition was found illegal, high-handed and malicious, as no court order was obtained and the statutory eviction procedure under Sections 152A-I of the Land Act, the County Governments Act and PLUPA was not followed. The court declared the plaintiffs owners, declared the demolition illegal, awarded special damages of Kshs. 3,900,000/= and general damages of Kshs. 5,000,000/=, dismissed the defence and counterclaim, and awarded costs to the plaintiffs. The injunction and exemplary damages sought were not included in the final reliefs granted.

Key legal issues

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01

Whether the defendant proved the suit parcels are public land reserved for Kitale Stadium

Holding

No - the defendant called no witnesses, and the plaintiffs' paper trail and valuation evidence showed the parcels do not form part of the Stadium land

Reasoning

The defendant filed a statement of defence, counterclaim, witness statement and list of documents but closed its case without calling any witness. Its pleadings and submissions therefore had no probative value. The plaintiffs produced an allotment letter, receipts, certificate of lease, PDP, rates and rent payments, and PW1's survey-corroborated valuation showing the plots are separate from Kitale Stadium land. In the absence of rival evidence the court found the plaintiffs' title documents valid and conclusive.

p. 17
02

Whether the 17/4/2023 demolition was justified

Holding

No - the demolition was illegal, high-handed and malicious as no court order was obtained and no statutory eviction procedure under Sections 152A-I of the Land Act, the County Governments Act or PLUPA was followed

Reasoning

The court held that eviction or demolition of persons in possession requires strict compliance with statutory procedure, including the mandatory 90-day notice regime, and where ownership is in dispute the dispute must be resolved before eviction. There was no court order declaring the plaintiffs trespassers, no revocation of their titles, no notice to vacate, and no superior title held by the defendant. The defendant instead took 'the route of the law of the jungle'.

p. 21
03

Whether the plaintiffs' titles were procedurally and regularly obtained

Holding

Yes - the plaintiffs produced a paper trail showing the history of acquisition, use and possession, corroborated by PW1's survey evidence

Reasoning

Relying on Munyu Maina and Dina Management, the court noted the plaintiffs still had to prove their titles were procedurally obtained notwithstanding the defendant's failure to call evidence. The plaintiffs availed an allotment letter dated 31/5/1996, payment receipts, the lease registered 26/2/2020, certificate of lease, rent clearance certificate, rates payments and a PDP. PW1, a valuer, corroborated the history from survey maps. The court found the title documents valid, legal and conclusive evidence of ownership.

p. 19
04

Entitlement to damages

Holding

Special damages of Kshs. 3,900,000/= and general damages of Kshs. 5,000,000/= awarded, special damages being grantable in the absence of a rival expert report

Reasoning

The court found the plaintiffs entitled to the reliefs sought including special damages because there was no rival expert valuation from the defendant. PW1, a Land Valuer, had valued the developments using comparative and contractor's methodology after visiting the plots on 18/5/2023. The demolition was found illegal, high-handed and extremely malicious, warranting general damages for trespass.

p. 23

Legal principles established

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  • Where a party fails to call evidence in support of its proposition, its pleadings remain mere statements of fact with no probative value
  • When the root of title is under challenge, a party must go beyond the instrument of title and prove the legality of how the title was acquired
  • Any person claiming that public land is occupied by illegal trespassers must follow the law set out in Sections 152A-I of the Land Act before eviction or demolition

Court orders

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  1. 1.A declaration that the 1st plaintiff is the sole owner of Land Parcel No. Kitale Municipality Block 3/857
  2. 2.A declaration that the plaintiffs are the owners of the land comprised in the unsurveyed light industrial Plot No. 4, Kitale Municipality
  3. 3.A declaration that the two parcels do not form part of the Kitale Stadium land in Kitale
  4. 4.A declaration that the demolition of the plaintiffs' developments on 17/4/2023 was illegal, high-handed, and extremely malicious
  5. 5.Special damages of Kshs. 3,900,000/=
  6. 6.General damages of Kshs. 5,000,000/=
  7. 7.The defence and counterclaim dismissed
  8. 8.Costs to the plaintiffs

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 40
  • Constitution of Kenya, 2010Article 40(6)
  • Constitution of Kenya, 2010Article 62
  • Evidence ActSections 107-109, 112 (and 107-112 generally)
  • Trespass ActSection 3(1)
  • Land ActSections 152A-I
  • Land ActSection 152E
  • Physical and Land Use Planning Act (PLUPA)Sections 40, 46, 55, 72
  • County Governments Actnot specified

Cases cited (28)

  • Euros Nyakwana -vs- Cleophas Bwana Ongaro
    [2015] eKLR
  • Rutongot Farm Ltd -vs- Kenya Forest Service & Others
    Petition No. 2 of 2016 [2018] KESC 29 eKLR
  • Danson Kimani Gacina & Another -vs- Embakasi Ranching Co. Ltd
    [2014] eKLR
  • Lapana Ltd -vs- The County Government of Trans-Nzoia
    ELC No. 8 of 2013
  • Dina Management Limited -vs- County Government of Mombasa & 5 Others
    (Petition 8 (E010) of 2021) [2023] KESC 30 (KLR)
  • Sehmi & Another -vs- Tarabana Company Limited & 5 Others
    (Petition E033 of 2023) [2025] KESC 21 (KLR) (11th April 2025)
  • Kenya Power and Lighting Company -vs- Ringera & Others
    [2022] KECA 104 [KLR]
  • Warrakah (Suing as the Administrator and Legal Representative of the Estate of Gakweli Mohamed Warrakah - Deceased) -vs- Mwatsami
    [2024] KECA 579 (KLR)
  • Muthiora -vs- Marion Muthama Kiara (Suing on behalf of the Estate of Erastus Muthamia Kiara - Deceased)
    [2022] KECA 28 (KLR)
  • M'Ikiara M'Mukunya & Another -vs- M'Mbijiwe
    [1984] eKLR
  • Ochako Obinchu -vs- Zachary Oyoti Nyamongo
    [2018] KEELC 3418 (KLR)
  • Bandi -vs- Dzomo & Others
    [2022] KECA 584 [KLR]
  • Embakasi Properties Ltd & Another -vs- Commissioner of Lands & Another
    [2019] eKLR
  • Torino Enterprises Ltd -vs- Attorney General
    [2023] KESC 79 [KLR]
  • North End Trading Co. Ltd -vs- The City Council of Nairobi
    [2019] eKLR
  • Njeri Murigi -vs- Peter Macharia & Another
    [2016] eKLR
  • Munyu Maina -vs- Hiram Gathiha Maina
    [2013] eKLR
  • Presbyterian Foundation -vs- Kibera Siranga Self Help Group Nursery School
    (Civil Appeal 64 of 2014) [2023] KECA 371 (KLR) (31 March 2023)
  • Mas Construction Ltd -vs- Sheikh & Others
    [2025] KECA 349 [KLR]
  • Margaret Karwirwa Mwongera -vs- Francis Kofi
    [2019] eKLR
  • Opondo -vs- Opondo
    ELC Misc. Appl. No. 16 of 2023
  • Kenya Railways Corporation -vs- Billal & Others
    Petition Appl. No. E023 of 2025 [2026] KESC 14 [KLR]
  • Oil Com (K) Ltd -vs- Timothy Muriungi & Another
    Isiolo ELC Misc. No. E019 of 2026
  • William Musembi & Others -vs- Moi Education Centre Co. Ltd & Others
    [2021] eKLR
  • Gusii Mwalimu Sacco Co-operative Society Ltd -vs- Mwalimu Hotel Ltd
    [1996] eKLR
  • Ngeny -vs- Kiarie & Others
    Misc. Appl. No. E056 of 2025 [2026] KEELC 54 [KLR]
  • Julius L. Marten -vs- Caleb Arap Rotich
    [2021] eKLR
  • Mecca & another (Suing on behalf of the Estate of Elizabeth Nasimiyu Nyongesa) -vs- County Government of Trans-Nzoia
    [2025] KEELC 8376 (KLR)
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over land claims, trespass and title disputes (Environment and Land Court Act)

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, "Maiyo & another v County Government of Trans Nzoia (Land Case E003 of 2023) [2026] KEELC 4016 (KLR)", Case Analysis (2026). Kitale ELC LC No. E003 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4016/eng@2026-06-29

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