https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3447

 **REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT MURANG’A** **ELCLC E042 OF 2025** **SABINA WAITHIRA MWANGI ……………………………….……..…………PLAINTIFF** **VERSUS** **MURANG’A COUNTY GOVERNMENT ……………………………………..DEFENDANT** **RULING** 1. This ruling is on the notice of preliminary objection dated 21-1-2026. The notice reads as follows. **“ Take notice that the Defendant shall at the hearing of the suit by plaint dated 26-6-2025, raise a preliminary objection on the ground that the claim before this Honourable Court is statute barred by virtue of Section 7 of the Limitation of Actions Act which provides that an action may not be brought by any person to recover land after the end of twelve years from the date on which the right of action accrued to him, or if it first accrued to some person through who he claims, to that person as the plaint clearly indicates the cause of action arose in the year 2003.”** 1. The Plaintiff filed this suit on 30-6-2026 seeking to be the put in occupation of plot No. 7 Gakungu Market or compensation at the market value for the said plot plus refund of the amount paid of Kshs 8,285 and compensation and damages for the same plot since the time of allocation. In support of her claim, the Plaintiff filed a document titled ***“Notification of plot allocation, Plot No. 7. Gakungu market.”*** In addition to the above, she filed, a letter dated 12-4-1995, eight receipts and yet another letter dated 29-11-1996. 2. Counsel for the parties filed written submissions dated 19-3-2026 and 7-5-2026 respectively. Only two issues were identified for determination. 3. **Whether the present suit is time barred under the Limitation of Actions Act.** 4. **Whether Section 20 of the Limitation of Actions Act applies to this case.** 5. I have carefully considered the preliminary objection in its entirety and I find that the two issues identified will determine the dispute. 6. I will begin with the second issue and find that Section 20 of the Act (Cap 22) does not apply to this case because it only applies to actions in respect of trust property or movable property of a deceased person. The heading above the section is clear on this. Since this suit is not in respect of Trust Property or Movable Property of a deceased person, the Section 20 does not apply. 7. It is my finding that this suit is barred under **Section 7 of the Limitation of Actions Act**. The Plaintiff has not explained why she had to file this suit almost 36 years from the date of allocation which she says is 13-12-1990. Why did she not occupy the land if it was allocated to her? Why did she not bring this action earlier? Who is in occupation of the land now? All these questions beg for answers. The suit raises more questions than answers and the fact that it is filed more than twelve (12) years since the cause of action arose means that it is time barred under Section 7 of the Limitation of Actions Act. The only situation where a suit can be filed more than twelve years since the cause of action arose is a suit based on the alleged fraud of the Defendant and such fraud being discovered recently by the Plaintiff. 8. For the above stated reasons, I find **merit** in the preliminary objection dated 21-1-2026 and strike out the Plaintiff’s suit with costs to the Defendant. **It is so ordered.** **Dated, Signed and Delivered virtually at Murang’a this 8th day of June, 2026.** **M.N. GICHERU JUDGE.** **Delivered online in the presence of; -** **Court Assistant – Antony** **Plaintiff’s Counsel – Miss Macharia** **Respondent’s Counsel – Mr. Mburu h/b for Gachie Mwanza**