Court throws out Sh100 million land claim against three varsities in Turkana
The five claimed they were the rightful owners of the land, which they valued at about Sh100 million. They asked the court to declare them the lawful.
The Environment and Land Court has dismissed a suit by five Turkana residents seeking to reclaim land occupied by Masinde Muliro University of Science and Technology (MMUST), Mount Kenya University (MKU) and Turkana University College.
The Environment and Land Court has dismissed a suit by five Turkana residents seeking to reclaim land occupied by Masinde Muliro University of Science and Technology (MMUST), Mount Kenya University (MKU) and Turkana University College, finding that they failed to prove ownership of the property.
In the petition, the five claimed they were the rightful owners of the land, which they valued at about Sh100 million. They asked the court to declare them the lawful proprietors, award them compensation and order the three institutions to vacate the land.
However, the court held that the petitioners did not provide the documentary evidence required to support their claim.
More To Read
In the judgment, the court said the claimants failed to produce title deeds, letters of allotment, official land records or any other legally recognised documents linking them to the disputed property.
"The petitioners failed to present sufficient evidence to prove ownership of the suit property," the court ruled.
The judge further observed that assertions based on historical occupation or community interest, without supporting legal documentation, cannot confer ownership under Kenya's land laws.
"Claims founded on historical occupation alone cannot establish ownership in the absence of legally recognised documentary proof," the judge stated.
The court also found no evidence that Masinde Muliro University, Mount Kenya University or Turkana University College had illegally acquired or occupied the land, dismissing allegations of unlawful occupation.
As a result, the court declined to grant the declarations sought, rejected the Sh100 million compensation claim and refused to issue eviction orders against the institutions.
The decision means the three universities will continue occupying and using the land without interruption.
The judgment reinforces the principle that anyone seeking a declaration of land ownership must discharge the legal burden of proof by producing credible documentary evidence recognised under Kenyan land laws.