https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5329

 **REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT MERU** **ELCL ORIGINATING SUMMONS NO. E015 OF 2026** **FAITH NKIROTE NCHANA……………………………..1ST APPLICANT** **NANCY NKATHA……………………………………….....2ND APPLICANT** **=VERSUS=** **LAND REGISTRAR, MERU…………………………………RESPONDENT** **JUDGMENT** 1. Vide an originating summons dated 23/7/2026, **Faith Nkirote Nchana** and **Nancy Nkatha** *(the applicants)* moved this court for the following orders: 2. ***A declaration and order that the 1st Applicant, Faith Nkirote Nchana, is hereby authorized to sell, transfer, and execute all necessary instruments of disposition regarding Land Parcel No. Abothuguchi/L-Kaongo/2594 on behalf of and in trust for the minor, Sandra Muthoni.*** 3. ***An order directing that the share of the sale proceeds attributable to the minor, Sandra Muthoni, shall be deposited in a designated, interest-bearing bank account to be operated jointly by the 1st Applicant and under the supervision of this Honnourable Court (or as the court may otherwise direct), strictly for the minor’s education, maintenance, medical care, and general welfare.*** 4. ***An order directing the Land Registrar, Meru County, to register the transfer of the suit property in favour of the purchaser and to effect all consequential entries necessary to give effect to this honourable court’s orders, upon proof of compliance with the conditions set out herein.*** 5. ***Costs of the suit.*** 6. The originating summons was heard yesterday [18/8/2026] through *viva voce* evidence and falls for disposal through this Judgment. The key question to be answered in the Judgment is whether the applicants have made out a proper case to warrant issuance of the orders. Before I analyse and dispose the issue, I will summarize the applicants’ case and the evidence they tendered. 7. In summary, the case of the applicants is that, the 1st applicant is the mother of the 2nd applicant and the minor. The 1st applicant is the wife of **Ayub Mwendia Kirimi**. The 2nd applicant and the minor are children born out of the union. Ayub Mwendia Kirimi acquired the suit land from his father and decided to register it in the joint names of his wife and his two daughters who were both minors in 2024. At that time, the 2nd applicant was 16 years old and the minor was aged about 4 years. The family is presently in need of funds for educational and other needs of the children, including the minor. As a result of financial pressure, the 2nd applicant has dropped out of school. The family has decided to dispose the suit land to raise funds to cater for the family. 8. The applicants contend that whereas the 2nd applicant has now attained the age of majority and has obtained a national identity card enabling her to undertake a land disposal, the minor lacks capacity. They want the 1st applicant to be recognized by the court as a trustee and to be authorized to execute all sale and conveyance documents on behalf of the minor. 9. At the hearing of the originating summons, **Faith Nkirote** **Nchana** testified as **PW1**. She adopted the contents of her affidavit dated **23/7/2026** as part of her sworn evidence-in -chief. She testified that she was the biological mother and co-guardian of the minor. The suit property was acquired by her husband, **Ayub Mwendia Kirimi**, who is the biological father of the minor. Her husband caused the suit land to be registered in her name, alongside the names of her then two minor daughters (*the 2nd applicant and the minor*). At that time, the 2nd applicant, who was born in March 2007, was a minor. She explained that the reason for the intended disposal of the suit land is to cater for educational and other needs of the minor and their other children. She testified that together with her husband, they have been blessed with three (3) children, adding that the oldest, Nancy Nkatha, dropped out of secondary school last year due to lack of school fees. She stated that they do not reside on the suit land, adding that they have another parcel where they reside. She prayed to be allowed to sell the land and use the proceeds for the educational and other needs of the minor and the family. 10. **Nancy Nkatha** testified as **PW2**. She adopted the contents of her affidavit dated **23/7/2026** as part of her sworn evidence-in-chief. She stated that she was an elder sister of the minor and a co-registered proprietor of the suit land. She added that she was a minor when her parents caused her to be registered as co-proprietor of the suit land. She confirmed that the suit land was acquired by her father, Ayub Mwendia Kirimi, who caused it to be registered in their joint names. She stated that she was a student at **Gacuru Secondary** **School** but dropped out last year due to lack of school fees. She supported the intended sale of the suit land to cater for their school fees and other family needs. 11. **Ayub Mwendia Kirimi** testified as **PW3.** He adopted the contents of his affidavit dated **23/7/2026** as part of his sworn evidence-in-chief. He testified that he is the biological father and co-guardian of the minor, adding that the applicants are his wife and daughter respectively, and that he acquired and caused the suit land to be registered in the joint names of his wife and their two minor daughters, one of whom attained the age of majority last year. He testified that they want to dispose the suit land so as to raise school fees for the minor and their other children and to cater for their other family needs. He urged the court to authorize the disposal. 12. The court has considered the originating summons and the evidence tendered in support of the originating summons. The court has also considered the relevant legal frameworks, including **Article 53(2)** of the **Constitution**; **Section 27** of the **Land Act**; **Sections 47** and **91** of the **Land Registration Act;** **Section 57** of the **Trustees Act** and **Section 4 (2) of the Children’s Act 2022**. What emerges from the relevant legal frameworks is that, whereas land may be registered in the name of a minor, the minor would not have capacity to dispose the land; the minor can only dispose the land through a trustee/guardian. Secondly, where there is no formal deed appointing a trustee and vesting specific disposal powers in the trustee, the trustee/guardian must obtain a court order authorizing the disposal. 13. In exercising jurisdiction to authorize disposal of trust property that is held for the benefit of a minor, the court is to be guided by the framework in **Article 53(2)** of the **Constitution** and **Section 4(2)** of the **Children’s Act 2022**. The two frameworks emphasize that the best interest of the child should be a paramount consideration. 14. From the evidence tendered, the suit land is held by the two applicants and the minor as tenants-in-common. It is held by three persons. Two of them are adults. One is a minor. Secondly, the minor’s guardians testified on oath and supported the intended disposal. They explained the reasons prompting the registered proprietors to dispose the property. Thirdly, on the face of the orders that are sought, the share of the minor will be preserved in an interest earning account. 15. Given the above circumstances, the court is satisfied that a proper case has been made to justify the granting of the orders that are sought in the originating summons dated 23/7/2026. Consequently, the originating summons is allowed in terms of *prayers* *(a), (b)* and *(c)*. There will be no order as to costs. **DATED, SIGNED AND DELIVERED AT MERU THIS 19TH DAY OF AUGUST, 2026** **B M EBOSO [MR]** **ELC JUDGE**