How to File a Land Case in Kenya – Complete Guide
Why You May Need to File a Land Case
Land disputes in Kenya are common and can involve boundary issues, encroachment, inheritance wrangles, fraudulent transfers, or breach of sale contracts. Knowing the correct legal procedure can save you time, money, and stress while protecting your valuable asset.
Step-by-Step Process to File a Land Case in Kenya
- Identify the Cause of Action
Define the exact problem—boundary dispute, encroachment, fraud, succession, or breach of contract. - Attempt Amicable Resolution
Engage local elders, chief, or write a demand letter before rushing to court. - Collect Evidence
Gather your original title deed, survey plans, sale agreements, witness statements, photographs, and any correspondence. - Engage a Specialized Land Lawyer
A lawyer will confirm the type of case, draft the plaint, and represent you in the Environment & Land Court (ELC). - Prepare & File Court Documents
Documents include a plaint, supporting affidavit, witness affidavits, and a list of exhibits. Pay the prescribed filing fees based on claim value. - Service of Summons
The court serves the defendant(s) through registered process servers, police, or courier. - Case Management & Hearings
Attend Case Management Conference (CMC) to set timelines, then full hearing where both sides present evidence. - Judgment & Execution
If you win, the court issues orders such as eviction, transfer cancellation, or damages. Use licensed auctioneers & police to enforce eviction orders. - Appeal (if necessary)
File an appeal within 30 days if dissatisfied.
Essential Documents Checklist
- Original Title Deed / Certificate of Lease
- Approved Survey Map & Beacon Certificates
- Land Registry Search (current not older than 3 months)
- Sale Agreement & Transfer Forms (if applicable)
- Stamp Duty Receipts
- Witness Statements & ID Copies
- Photographic evidence of encroachment or damage
- Any previous demand letters or ADR minutes
Court Fees & Expected Timelines
Filing Fees: Range from KES 5,000 for small claims up to 2% of the land value for large claims.
Hearing Duration: Straightforward cases may conclude in 6–12 months; complex fraud or succession disputes can take 2–4 years.
Backlog Threshold: Any case exceeding 12 months is considered a backlog by the Judiciary.
Alternative Dispute Resolution (ADR)
Before litigation, consider:
- Mediation: A neutral mediator helps parties reach a settlement (often faster and cheaper).
- Arbitration: A binding decision by an agreed arbitrator.
- National Land Commission (NLC) Petition: For historical injustices or public land issues.
FAQs
Which court handles land disputes in Kenya?
The Environment and Land Court (ELC) has exclusive jurisdiction over all land-related disputes countrywide.
Can I file a land case without a lawyer?
While possible, land law is complex; a qualified land lawyer increases your chances of success and ensures compliance with court procedures.
How do I report suspected land fraud?
Lodge a complaint at the Public Complaints Office, Ministry of Lands, or report to the DCI Land Fraud Unit with supporting documents.
What if someone has occupied my land for 12 years—can they claim it?
They may attempt adverse possession, but you can defeat the claim by proving you never abandoned or gave permission for occupation.
How do I enforce an eviction order?
Present the court order to a licensed auctioneer who, together with police, will carry out the eviction lawfully.
Is the process different for foreigners?
Filing procedure is similar, but foreigners can only hold leasehold titles (up to 99 years) and must provide additional compliance documents.
cgenproperties.com offers clean, ready-to-build plots with valid title deeds, transparent pricing, and flexible payment plans.
Browse Verified Plots Now
1. Denvers Group – Guide to Filing a Land Case in Kenya (May 2024)
2. Muthii & Associates – Land Dispute Procedures
3. Real Estate Kenya – Filing a Land Case (May 2023)
4. Chepchieng & Co. Advocates – Regain Land Ownership in Kenya (Aug 2025)
5. MNM Advocates – Civil Case Process in Kenya (Aug 2023)