The Environment and Land Court has ruled that being a relative of a landowner does not automatically grant a person ownership rights over registered property, reaffirming that claims of customary trust must be backed by clear evidence.
The case involved family members who argued that land registered under another relative’s name was actually family property. They claimed that their late father had purchased the land using proceeds from the sale of livestock and that it was meant to benefit the wider family.
However, the court found that there was no documentary or credible evidence proving that the land belonged to the family before it was registered in the current owner’s name.
The court held that while customary trust is recognised under Kenyan law, it cannot be assumed simply because the parties involved are related. Anyone seeking to challenge registered land ownership on the basis of a customary trust must provide sufficient evidence showing that such an arrangement existed before registration.
As a result, the court upheld the registered owner’s title and issued permanent orders preventing the family members from making any further claims over the property.
In its decision, the court relied on principles under the Land Registration Act and previous guidance from the Supreme Court, which established that a person claiming customary trust must demonstrate that the land was previously held as family, clan, or community property before registration.
The ruling means that a title deed cannot be cancelled merely because relatives claim that land has always been considered family property or because there are longstanding family disagreements over ownership.
The decision is expected to provide guidance in many land disputes across Kenya, where ownership claims are often based on inheritance expectations, verbal agreements, family arrangements, or oral traditions that were never formally recorded.
Land disputes remain among the most common matters handled by Kenyan courts, with many cases involving competing claims based on family history and customary practices.
The court emphasised that anyone challenging a registered land title must present strong and credible evidence proving that a valid customary trust existed before the property was registered.
The judgment strengthens the protection given to registered landowners while reminding Kenyans that courts rely on evidence and legal principles when determining ownership disputes, rather than assumptions, family relationships, or unverified claims.
For registered landowners, the ruling provides reassurance that ownership rights remain protected unless another party can legally establish a valid customary trust or another lawful reason to challenge the title.