Murutu v Mwangi (Being Sued as the Administrator of the Estate of Francis Mwangi Ndungu) & another; Ndungu & 4 others (Defendant to the Counterclaim) (Environment and Land Case 48 of 2020) [2026] KEELC 856 (KLR) (13 February 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 856
- Citation
- [2026] KEELC 856 (KLR)
- Decided
- 13 February 2026
The court declares the letter of allotment and the certificate of lease issued to the Plaintiff as valid.
Facts
The dispute revolves around the ownership of a property. The Plaintiff claims ownership based on a letter of allotment dated 18th February 1992 and a certificate of lease dated 13th March 2017. The Defendant disputes the validity of these documents, claiming the allotment was fraudulent due to the Plaintiff's age at the time.
Issues
- Whether the Plaintiff is entitled to the orders sought in the plaint.
- Whether the Defendant is entitled to the orders sought in the counterclaim.
Reasoning
The court finds that the Plaintiff was 14 years old at the time of the allotment, which is not considered fraudulent. The court also notes that the allotment was signed by the Town Clerk, Zipporah Wandera, and the Plaintiff confirmed his application for ownership on 13th March 2017.
Outcome
The Plaintiff's claim is upheld.
Orders
- The Defendant is ordered to desist from proceeding with farming activities within the Plaintiff's suit properties and to refrain from interfering with the Plaintiff's quiet and peaceful ownership and enjoyment of his legally owned suit property.
Remedies
- Costs of the suit.
- Interest on costs at court rates.
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