Saiyoi v Letina & 4 others (Environment & Land Petition 23 of 2017) [2025] KEELC 715 (KLR) (20 February 2025) (Judgment)

Summary at a glance

Facts

The petitioner claims to have purchased 70 acres of land from the 2nd respondent, while the 1st respondent claims to have purchased 100 acres from the 2nd respondent. The 2nd respondent's sale agreement with the petitioner and Kitesi was used to issue title deeds in their names.

Issues

• Whether the petitioner's rights were violated
• Whether the petitioner is entitled to the orders sought
• Who is to bear costs

Reasoning

The court accepted the petitioner's evidence and the sale agreement, finding that the petitioner is the registered owner of the land. The 1st to 3rd respondents' claims were not supported by evidence.

Outcome

In favor of the petitioner

Orders

• A declaration that the revocation of the petitioner’s registration as the owner of the land parcel violates the petitioner’s constitutional rights
• A declaration that the parcel belongs to the petitioner
• A declaration that the purported title deeds are invalid
• A mandatory injunction compelling the Land Registrar to register the petitioner as the owner of the land parcel

Remedies

• Compulsory registration of the petitioner as the owner of the land parcel

Authorities cited