Think Your Land Was Grabbed? This Court Ruling Shows What You Must Prove

The Environment and Land Court in Narok has delivered a judgment reminding Kenyans that proving a land dispute requires more than strong accusations.

In a ruling in Seketo Ene Koilel (Suing as the Legal Representative of the Estate of Parameres Ole Koilel) v Moshoro Group Ranch & 12 Others, the court declined to cancel several land titles after finding that the evidence presented did not meet the legal standard required to prove fraud and illegality.

The case involved claims that officials of Moshoro Group Ranch unlawfully admitted new members, subdivided land that had been allocated to the deceased, and issued titles to third parties.

However, the court held that the allegations were not supported by sufficient and credible evidence.

Plaintiff Claimed Land was Unlawfully Subdivided

The plaintiff argued that the deceased’s land had been irregularly taken and distributed through unlawful actions by officials of the group ranch.

According to the suit, the officials allegedly admitted new members illegally, subdivided the land, and facilitated the issuance of title deeds to other people.

The plaintiff asked the court to cancel the titles, arguing that they had been obtained through fraud and procedural irregularities.

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Court Says Allegations Must be Backed by Evidence

Justice L. Gacheru ruled that serious claims such as fraud, illegality and procedural impropriety must be supported by clear and convincing evidence.

The judge found that the plaintiff failed to prove the allegations because important witnesses were not called to testify, key documents were not properly authenticated, and there was no independent evidence to prove that the alleged irregular meetings actually took place.

“Fraud, illegality and procedural impropriety are not established by allegations alone.”

The court emphasized that suspicion, assumptions and unanswered questions cannot replace credible evidence in a land dispute.

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Land Titles Can Only be Cancelled With Proof

The judgment also highlighted the protection given to registered land owners under Section 26 of the Land Registration Act.

While the law allows courts to cancel titles that were obtained unlawfully, the judge noted that such orders can only be issued after illegality has been clearly proved.

“Such a drastic remedy can only issue where illegality is demonstrated through cogent and credible evidence, not through suspicion, assumptions or unanswered questions.”

As a result, the court declined to cancel the disputed titles.

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Court Ruling on Grabbed Lands. PHOTO/ROBA & ASSOCIATES LLP