Common land disputes we handle
Disputed ownership and double allocations of titles registered under the Registration of Titles Act, the Government Lands Act or the current Land Registration Act, 2012.
Boundary disputes, encroachment and trespass — including survey realignment, beacon disputes and Resident Magistrate's Court boundary references.
Adverse possession claims under Section 7 of the Limitation of Actions Act, where a party has been in open, peaceful and uninterrupted possession for twelve years or more.
Inheritance disputes over ancestral land, including resistance to succession transmissions and protection of widows' and minor children's interests.
Cancellation of fraudulent transfers and corrective orders against the Land Registrar.
The Environment & Land Court process
Disputes over land in Kenya are heard by the Environment & Land Court, a specialist superior court with status equal to the High Court. Proceedings begin by plaint or originating summons, with options for temporary injunctions to preserve the status quo while the matter is determined.
Most matters proceed to court-annexed mediation under the Civil Procedure (Court-Annexed Mediation) Rules — a structured negotiation that often resolves boundary and family land disputes faster and at less cost than a full trial.
Diaspora and absentee landowners
We regularly act for Kenyan diaspora clients who require trusted counsel on the ground — to verify titles before remitting funds, to register transfers, to defend ancestral land against fraudulent claims, and to secure rental income through enforceable agreements.
Working with our land team
Every land instruction begins with a documented title verification, a physical inspection and a written advisory on the strength of the claim, anticipated timelines and likely costs before any suit is filed.
Frequently asked questions
Which court hears land disputes in Kenya?+
Land disputes are heard by the Environment & Land Court (ELC) established under Article 162(2) of the Constitution. The ELC has equal status with the High Court and sits in major towns including Nairobi, Mombasa, Kisumu and Nakuru.
How long does a land case take in Kenya?+
Straightforward matters that settle in court-annexed mediation can conclude within six to twelve months. Contested suits proceeding to full hearing typically take eighteen months to three years at first instance, with appeals adding further time.
Can I claim land I have occupied for many years?+
Yes — under Section 7 of the Limitation of Actions Act, twelve years of open, peaceful, continuous and uninterrupted possession can support a claim of adverse possession against a registered owner who has done nothing to assert their rights.
What documents prove ownership of land in Kenya?+
A current Certificate of Title or Certificate of Lease together with an official search from the Lands Registry. A copy of title alone is not proof; only a search confirms the registered proprietor and any encumbrances at the time of the search.
What should I do if someone is occupying my land illegally?+
Preserve evidence — photographs, witness statements, the title and a recent search — and instruct counsel before any confrontation. The court can grant injunctions to restrain further trespass and orders for eviction; self-help is rarely advisable.