https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4967

Nderitu v Migwi (Enviromental and Land Originating Summons E002 of 2026) [2026] KEELC 4967 (KLR) (30 July 2026) (Judgment) Neutral citation: [2026] KEELC 4967 (KLR) Republic of Kenya In the Environment and Land Court at Nyandarua Enviromental and Land Originating Summons E002 of 2026 JM Kamau, J July 30, 2026 Between Duncan Maina Nderitu Plaintiff and Joseph Kememia Migwi Defendant Judgment 1.In the Originating Summons dated 11/2/22026, the Plaintiff herein prayed for the determination of the following questions against the Defendant: -1.Whether the Plaintiff has acquired Title by adverse possession over L.R No. Nyandarua/Ol-Joro-Orok Salient/1154.2.Whether L.R No. L.R No. Nyandarua/Ol-Joro-Orok Salient /1154 should forthwith be registered in the name oF Duncan Maina Nderitu on behalf of the Estate of John Nderitu Murage And the Defendant be ordered to sign all the necessary transfer documents in his favour and in default the Honourable Courts’ Deputy Registrar be allowed to do so on his behalf.3.Whether the Land Registrar – Nyandarua County should dispense with the production of the original Title Deed for L.R No. L.R No. Nyandarua/Ol-Joro-Orok Salient/1154 while transferring the land to the Plaintiff.4.Whether the Land Registrar - Nyandarua should proceed to remove all the cautions/restrictions registered in L.R No. L.R No. Nyandarua/Ol-Joro-Orok Salient/1154.5.Who should pay the costs of the suit. 2.The Plaintiff, Duncan Maina Nderitu swore an Affidavit in support of the Originating Summons on 11/2/2026 on his own behalf and as the legal representative of the Estate of John Nderitu Murage who died on 27/2/2028 at PGH Annex at the age of 67 years and a copy of the Death Certificate is attached to the Supporting Affidavit. 3.In the aforesaid Affidavit the Plaintiff, son of John Nderitu Murage said that his father was allotted L.R No. L.R No. NYANDARUA/ OL-JORO-OROK SALIENT/1154 measuring 2.4 Hectares on 4/10/1975 by the Settlement Fund Trustees and paid 500/- on such allotment. His father then settled on the land. He said that he and all his siblings all born between 1980 and 1992 were born on the same land where they reside to date. He further averred that his late paternal grandfather, Duncan Murage was buried on the land in 1986. Both his parents are also buried on the land. His father was unable to get a Title Deed to the land because the Defendant did get one on 29/3/1993 and a restriction was placed against the land on 29/1/1996 vide a letter by the District Land Administration Settlement Officer at the request of the Plaintiff’s father, a second one through the Director of Land Adjudication and Settlement on 15/2/1996 and another one by District Commissioner on 15/1/1999. 4.The District Officer vide a letter dated 15/3/1996 and the District Land Administration Settlement Officer vide a letter dated 8/11/2001 both confirmed the land belonged to his father. His mother died in 2003 and his father in 2018 both of who were in occupation of the suit land until their demise. His father was on the land for 43 years. The Plaintiff said he was born on 4/1/1982. He prayed that the suit land be registered in his late father’s name and that the Title Deed in the name of the Defendant be accordingly cancelled. 5.Due to failure by the Defendant to enter appearance or file a Response to the Originating Summons he was served by way of substituted service vide order of the Court issued on 9/3/2026. The same was served through the “Daily Nation” issue of 8/4/2026. The Defendant still did not appear and interlocutory Judgment was requested for on 6/5/2026 and the same entered on 14/5/2026 before the case was heard on 9/7/2026. 6.Evidence was adduced in line with the averments above by the Plaintiff Duncan Maina Nderitu. He said the land was registered and a Title Deed issued to Joseph Kimemia Migwi, the Defendant herein on 29/3/1993 and 20/4/1993 respectively. The other entries are restrictions as explained in the Supporting Affidavit of the Plaintiff. 7.Having given uncontroverted evidence that the Plaintiff, his late parents and grandfather and siblings have lived on the suit land for over 43 years for his parents and since 1980 for the children and from the fact that the Title Deed was issued in 1993, now 29 years openly, uninterrupted, without authority and exclusively I determine all the Questions in the Originating Summons in the affirmative and emphasize that the suit land shall be registered in the name of the Plaintiff to hold the same for and on behalf of the late John Nderitu Murage until the Estate of the Deceased is distributed. The Plaintiff will also have the costs of the suit from either the Estate or from the Defendant, if ever he is found. JUDGMENT READ, SIGNED AND DELIVERED AT NYANDARUA THIS 30TH DAY OF JULY, 2026.MUGO KAMAUJUDGEIn the Presence of: -Court Assistant: SamsonPlaintiff’s Counsel: . Mr. Gakenia.Defendant’s Counsel: .