Discovering a stranger or relative on your land is alarming. Self-help is rarely the right answer in Kenya; the law provides clearly defined remedies that should be used in sequence.
Step 1 — Confirm your title and gather evidence
Obtain a current search, photograph the encroachment, identify the occupier and record witness names. A surveyor's report fixing the boundary is often decisive.
Step 2 — Issue a notice to vacate
A formal demand from your advocate gives the occupier an opportunity to leave. Many disputes end here once it becomes clear that the owner has documented title and counsel.
Step 3 — Sue for trespass and seek an injunction
File suit in the Environment & Land Court for a permanent injunction, vacant possession, damages and mesne profits, supported by a temporary injunction restraining further development.
Step 4 — Apply for eviction orders
Where the occupier refuses to comply with judgment, the court issues eviction orders enforceable through the OCS of the local police station, with the Officer Commanding the Division supervising.
When the occupier claims adverse possession
Twelve years of open, peaceful and uninterrupted possession can defeat a registered owner under Section 7 of the Limitation of Actions Act. Acting early is essential.
Citations & further reading
Frequently asked questions
Can I evict a trespasser myself?
No. Self-help eviction risks criminal liability for assault or malicious damage. Eviction must follow a court order executed with police assistance.
How long does an injunction take?
Urgent applications are typically heard within 7–21 days. Ex parte orders restraining further development can issue within 48 hours on certified urgency.
Related practice areas
This article is for general information only and does not constitute legal advice. Readers should obtain specific counsel on their particular matters.