The Environment and Land Court in Thika has ruled in favor of James Kamau Githuka, awarding him ownership of a parcel in Githunguri, Utawala, after 20 years of open occupation. Registered owner Njoroge Njau lost the property due to his prolonged absence and failure to enforce his rights. This decision highlights the legal consequences for absentee landowners under Kenya's adverse possession laws.
In a recent ruling dated 2025, the Environment and Land Court in Thika addressed the case of James Kamau Githuka v. Njoroge Njau. Githuka applied for legal recognition of his ownership over a land parcel in Githunguri, Utawala, claiming adverse possession. The court granted his request, stripping Njau of the title he held as the registered owner.
Githuka informed the court that his father had bought the land years earlier, but the transfer documents were never finalized. Since 2005, Githuka has resided on the property openly and continuously, without any interference from Njau. For two decades, Njau neither visited the land, demanded rent, nor attempted eviction. He also did not appear in court to contest the claim.
Kenyan law permits adverse possession when an individual occupies land without the owner's permission for at least 12 years, provided the possession is peaceful, open, and uninterrupted. The court affirmed that Githuka satisfied these conditions over 20 years, describing the outcome not as a loophole but as a penalty for landowners who "sleep on their rights."
The judges emphasized that holding a title deed—whether acquired through purchase, inheritance, or gift—requires active protection. Absentee owners must enforce their claims to prevent loss. This ruling aligns with precedents where long-term, peaceful occupants gain legitimate ownership after 12 years, especially when original owners disappear or neglect their property.
The decision serves as a reminder for landowners to remain vigilant, even if they do not reside on their holdings.