Court Dismisses Sh100 Million Land Claim Against Three Universities
News Updated: 15 July 2026 14:59 EAT
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The Environment and Land Court has dismissed a petition filed by five Turkana residents seeking ownership of land valued at approximately Sh100 million occupied by Masinde Muliro University of Science and Technology (MMUST), Mount Kenya University (MKU) and Turkana University College.
The five petitioners had sued the three institutions, claiming they were the lawful owners of the disputed land. They sought court declarations recognising their ownership, compensation amounting to Sh100 million and orders restraining the universities from occupying the property.
In its judgment, the court found that the petitioners failed to present sufficient evidence to prove ownership of the land. The judge ruled that the claimants did not meet the legal threshold required in land ownership disputes.
The court noted that the petitioners did not produce title deeds, allotment letters, official land records or any other legally recognised documents linking them to the disputed property.
The judge held that claims based on historical occupation or community interest alone cannot establish ownership without documentary proof recognised under Kenyan land laws.
The court further found no evidence showing that MMUST, MKU or Turkana University College had unlawfully acquired or occupied the land as alleged by the petitioners.
Consequently, the court dismissed the entire petition and declined to issue orders for compensation or to compel the universities to vacate the property.
The ruling allows the three institutions to continue occupying and using the land, with no legal orders issued against them arising from the dismissed suit.
The judgment reaffirmed that parties seeking declarations of land ownership must provide credible documentary evidence, with the burden of proof resting on the person making the ownership claim.
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FELIX MAKONA
FACT FINDER AND DATA DRIVEN JOURNALIST. DATA MINING AT IT'S BEST. GET FACTS RANGING FROM MATTERS DISABILITY AND INCLUSION, POLITICS, ECONOMY, SPORTS AND GENERAL NEWS AROUND THE WORLD