Wakari v Kague (Enviromental and Land Originating Summons 35 of 2023) [2026] KEELC 4041 (KLR) (2 July 2026) (Judgment)

Wakari v Kague (Enviromental and Land Originating Summons 35 of 2023) [2026] KEELC 4041 (KLR) (2 July 2026) (Judgment) Neutral citation: [2026] KEELC 4041 (KLR) Republic of Kenya In the Environment and Land Court at Nyandarua Enviromental and Land Originating Summons 35 of 2023 JM Kamau, J July 2, 2026 Between Teresiah Wachu Wakari Plaintiff and Danson Muchoki Kague Defendant Judgment 1.In this suit commenced by way of an Originating Summons dated 12/6/2023, the Plaintiff Teresiah Wachu Wakari sued the Defendant, Danson Muchoki Kague who he served by way of substituted service in the Daily Nation Newspaper January, 27th 2026 Edition after having obtained leave of this Court. in the suit the Plaintiff made the following prayers: - 1.A Declaration be issued that the Plaintiff is entitled to be registered as proprietor of Title No. Nyandarua/Ol-Joro-Orok Salient/1740 measuring 2.0 Hectares by virtue of the directive of Adverse Possession. 2.An order do issue authorizing s the Deputy Registrar of the Consent to execute all necessary documents to rest the ownership of the said Title No. Nyandarua/Ol-Joro-Orok Salient/1740 to the Plaintiff. 3.Costs of the suit be awarded to the Plaintiff. 2.She granted her summons with the following: -a.The Plaintiff has been in continuous, exclusive, quiet possession and enjoyment of the suit land for a period of over 12 years without any interruption by the Defendant or any other person claiming under him.b.The Plaintiff has always asserted a hostile title to that of the Defendant but no legal action has ever been taken by the Defendant or those who claim under him. 3.The above grounds on the face of the Summons were further elaborated in the Plaintiff’s Affidavit in support of the same sworn on even date where the Plaintiff attached a copy of the Green card showing that the land initially belonged to the Settlement Fund Trustees since it was so registered on 15/8/1990 until it was transferred to the Defendant on 17/10/1996 and a Title Deed issued to the latter the same day. 4.The Plaintiff then proceeded to depone that in 1992 she immigrated from Nakuru with the children to the land which she was told by neighbours that it belonged to the government but was unoccupied and which had been set aside for issuance to deserving Kenyans. She then, with her children, settled thereon and effected developments by putting up a residential house on the suit land, planted trees and has cultivated and planted food crops on the land every year from 1992 to date. She also erected a perimeter wall around the land, dug a pit latrine and a water well. She attached photographs on the Supporting Affidavit as evidence of these developments which include building stones on the suit land. That she reported her settlement to the District Commissioner who with the help of the Settlement Fund Trustees officers could not trace the registered owner and her open, continuous stay on the land has been uninterrupted, exclusive, notorious and quiet for all those years. 5.There being no response even after the existence of the suit was served to the whole world through a newspaper of wide national circulation, the Plaintiff testified on 12/5/2026 and adopted the above Affidavit as her evidence in chief which was of course uncontroverted. 6.This left me with the singular task of writing the Judgment of the Court. 7.I find that the Plaintiff has been able to demonstrate that she deserves the prayers sought because with the use of photographs she has shown that she is on the suit land measuring 2.0 Hectares which she has occupied exclusively, openly and without any interruption from any quarters. She has also attached a Green card for the land to demonstrate that the land belongs to the Defendant. Nobody has come up to contradict or challenge her evidence and I therefore grant her Judgment as prayed for as follows: -1.A Declaration be and is hereby issued that the Plaintiff is entitled to be registered as proprietor of Title No. Nyandarua/Ol-Joro-Orok Salient/1740 measuring 2.0 Hectares by virtue of the doctrine of Adverse Possession.2.An order be and is hereby issued authorizing the Deputy Registrar of this Court to execute all necessary documents to vest the ownership of the said Title No. Nyandarua/Ol-Joro-Orok Salient/1740 to the Plaintiff.3.Costs of the suit be awarded to the Plaintiff. JUDGMENT READ AND DELIVERED AT NYANDARUA THIS 2ND DAY OF JULY 2026.MUGO KAMAU.JUDGE.In the Presence of: -Court Assistant: Samson.Appellant’s Counsel: Mr. Chege.Respondent’s Counsel: N/A.