How to File a Land Case in Kenya

A land case has the potential of robbing your peace of mind, however, filling a land case doesn’t have to be complex. Real Estate in Kenya blog has a compilation of the process you can take and what you should expect in the process.

In a nutshell, the Environment and Land Court is a Superior Court of record exercising exclusive jurisdiction to determine disputes related to the environment, the use and occupation of and title to land in Kenya. Therefore, when you have a land case you will file it with the Environment and Land Court.

Secondly, there are many questions surrounding the duration land cases take in Kenya. Well, in Kenya, the maximum desirable timeline that a case ought to have been finalised from the date of filing is one year. Any case that exceeds one year before a court is considered a backlog.

Thirdly, land fraud cases are formally reported to the Public Complaints Office. The complainant is advised accordingly and if the complaint warrants investigations, the complainant is referred to the land fraud unit with a referral form.

The Director of Criminal Investigations in Kenya has the responsibility of investigation cases that reach their offices. This is after the cases are formally reported to the Public Complaints Office. The complainant is advised accordingly and if the complaint warrants investigations, the complainant is referred to the land fraud unit with a referral form. The Unit takes up the case appropriate cause of action.

There are numerous cases that undergo investigations by DCI in relation to land, below is a list of the same:

i. Penal code for example aggressive detainer, forgery of a title deed

ii. Law of Succession Act this includes taking possession, disposing off or otherwise meddling with any free property of a deceased person.

iii. Unlawfully taking away, possessing, removing, destroying, displacing or altering the position of any survey mark.

iv. Abuse of office by state officers.

v. Fraudulent procuring the registration of any certificate of ownership, or any other document or instrument relating to the Land.

vi. Unlawful occupation of public land.

It is important to also note some of the key documents that are prone for fraud especially around land. The documents include:

i. Title Deeds and Share certificates from land buying companies

ii. Letters of allotment

iii. Sale agreements and transfer documents

iv. Stamp duty/revenue rubber stamps

v. Wills and letters of administration

vi. Registrars stamps

vii. Certificate of incorporation of companies

viii. Parcel files/correspondence files at the ministry of lands i.e. parallel files being opened

ix. Beacon certificates

Steps to File a Land Case in Kenya

For better guidance on the steps you should follow when filing a land case, we have compiled a number of steps that you can take when filing such a case in Kenya

· Identify the cause of action

Before filing a land case in Kenya, you need to identify the specific legal issue you want to address, such as boundary disputes, ownership claims, lease disputes, or breach of contract.

· Hire a lawyer

It is highly recommended that you hire a lawyer who specializes in land matters to assist you with the process. Your lawyer will be able to guide you through the legal requirements, file the necessary documents, and represent you in court.

· Gather evidence

To build a strong case, you need to gather evidence that supports your claim. This may include title deeds, survey plans, witness statements, photographs, and any other relevant documents.

· Draft a legal notice

Before filing a land case, you need to give notice to the other party of your intention to file a case. Your lawyer can draft a legal notice that outlines the facts of the case, your claim, and the relief you are seeking.

· File the case

Once the notice period has expired, you can file the case at the relevant court. The specific court will depend on the location of the land in question and the value of the claim. Your lawyer will prepare the necessary court documents, including a plaint, affidavit, and statement of claim.

· Serve the other party

After filing the case, you need to serve the other party with a copy of the court documents. This can be done by registered post, personal service, or by publication in a local newspaper.

· Attend court

You will need to attend court hearings as scheduled by the court. Your lawyer will represent you in court and present your case to the judge.

· Await judgment

After hearing all the evidence, the judge will make a ruling in your case. If the ruling is in your favor, you will be awarded the relief you sought. If not, you may consider appealing the decision to a higher court.

It is important to note that the process for filing a land case in Kenya may vary depending on the specific circumstances of your case. Therefore, it is highly recommended that you seek the advice of a lawyer who specializes in land matters to guide you through the process.