The court ruled that the land was reserved as a public school playing field and could not lawfully be transferred to a private entity. Breaking It Down The Environment and Land Court has ordered the cancellation of a title held by the Presbyterian Foundation (PCEA) Rugithi Women’s Guild over a 2.7-acre parcel reserved as a playground for three public primary schools in Kikuyu, Kiambu County. Justice Jacqueline Mogeni ruled that the land was pub
10/12/26 • 20
The court ruled that the land was reserved as a public school playing field and could not lawfully be transferred to a private entity.
📋 Breaking It Down
The Environment and Land Court has ordered the cancellation of a title held by the Presbyterian Foundation (PCEA) Rugithi Women’s Guild over a 2.7-acre parcel reserved as a playground for three public primary schools in Kikuyu, Kiambu County.
Justice Jacqueline Mogeni ruled that the land was public property and that its allocation by the defunct County Council of Kiambu was illegal. She declared that the land was reserved as a public school playing field and could not lawfully be transferred to a private entity.
The court directed the land registrar to cancel the title issued in December 2001 and register the parcel as public-school land held in trust for Kanyiha, Lusigetti and Njumbi primary schools.
📌 What You Need to Know
“The statutory framework makes it clear that indefeasibility of title is not an absolute shield. Where a title is obtained illegally, unprocedurally, or over public land that was not available for allocation, the title carries no legal protection,” said the judge.
The dispute concerned parcel KARAI/KARAI/350, measuring 1.1 hectares, according to court records. The schools and the Law Society of Kenya said it had been reserved for a playing field and that efforts to protect it dated back decades.
Read: Inside Kenya’s bogus title deeds crisis: How a fake paper can wipe out your investment
The Women’s Guild applied for the land allocation in May 2000. A county council committee, the Works, Town Planning, Markets & Housing Committee, approved the request in September, and the full council adopted the minutes the following month. A title was issued on December 6, 2001.
The guild said it applied after checking that the property belonged to the local authority. It maintained that the council approved the application and that it had occupied the land for 20 years.
It argued that the schools had their own playgrounds and the parcel was too far away to share.
📰 Source: Nation Africa
