Nyaga & another v GRNG (Sued as Guardian of IMN - Minor) & 6 others (Environment and Land Case 37 of 2019) [2025] KEELC 6010 (KLR) (11 September 2025) (Judgment)

Summary at a glance

Facts

The Plaintiffs claim adverse possession over land subdivided from Gaturi/Nembure/2900, seeking to be declared the rightful owners and to have the 1st Defendant's sale of the land to a minor declared null and void.

Issues

• Adverse possession over subdivided land
• Validity of 1st Defendant's sale to a minor
• Effect of LCB consent requirement on sale agreement

Reasoning

The Plaintiffs have continuously occupied the land for over 18 years, satisfying the statutory period for adverse possession. The 1st Defendant's sale to a minor was null and void due to the failure to obtain LCB consent within three months.

Outcome

The Plaintiffs' claims are upheld, and the 1st Defendant's sale to a minor is declared null and void.

Orders

• Declare Plaintiffs entitled to the suit land
• Declare the transfer of Gaturi/Nembure/16493 to a minor null and void
• Cancel and revoke the subdivisions entered in the green card
• Grant a permanent injunction to restrain Defendants from interfering with Plaintiffs' occupation of the land
• Order the 7th Defendant to bear the costs of the suit

Remedies

• Declare Plaintiffs entitled to the suit land
• Declare the transfer null and void
• Cancel and revoke the subdivisions
• Grant a permanent injunction
• Order the 7th Defendant to bear the costs

Authorities cited