Lady Justice Mogeni Jacqueline ruled that the land was reserved as a playground for Kanyiha, Lusigetti and Njumbi primary schools and could not be allocated privately. /HANOUT

The Environment and Land Court at Thika has cancelled the title held by the Presbyterian Church of East Africa (PCEA) Ruguthi Women’s Guild over a 2.7-acre land reserved for three public primary schools in Kikuyu, Kiambu County.

In a judgement delivered on October 5, 2026, the court declared that parcel KARAI/KARAI/350 was public land set aside for Kanyiha, Lusigetti and Njumbi primary schools' playground.

It ruled that the Guild’s allocation and subsequent registration on December 6, 2001 were illegal, unprocedural and void.

Justice Mogeni Jacqueline ordered the Land Registrar and the National Land Commission to register the parcel as public school land held in trust for the three schools.

The court also permanently barred the Guild, its officials, agents and anyone claiming through it from occupying, fencing, developing, transferring or interfering with the property.

The Law Society of Kenya (LSK) and the schools’ boards of management filed the petition.

The County Government of Kiambu, the Kiambu land registrar, the National Land Commission and the Attorney General were respondents, while the Education Cabinet Secretary, the Ethics and Anti-Corruption Commission (EACC) and the Kikuyu Deputy County Commissioner joined as interested parties.

The petitioners argued that the land was reserved for public educational use in 1957 and could not lawfully be handed to a private entity. They said the Guild’s title threatened the rights of more than 1,300 pupils to education, play and recreation.

They told the court that complaints over the allocation had been made to the National Land Commission, the Ministry of Education and the EACC. They also objected to construction materials deposited on the land, saying development would deny the schools a vital facility.

In its response to the petition dated February 5, 2025, the Guild insisted it had lawfully acquired the land from the defunct County Council of Kiambu.

It said it applied for the parcel on May 23, 2000, after conducting due diligence, and that the council’s Works, Town Planning, Markets and Housing Committee approved the request on September 14, 2000, before the full council adopted the minutes on October 12, 2000.

Entrance to the Presbyterian Church of East Africa (PCEA) Ruguthi Church. /HANDOUT

The Guild denied fraud or illegality, saying it had occupied and used the property for about 20 years. It also argued that the three schools had playgrounds within their compounds and that the disputed parcel was too distant to serve them conveniently.

The Guild asked the court to recognise it as the lawful owner, restrain the petitioners from interfering with the land and remove a caution lodged against the property.

But its case weakened during cross-examination. Its witness admitted that there was no letter of allotment, no payment of consideration and no payment of land rates.

He further conceded that no change-of-user application had been made and that the parcel was designated as a children’s playground.

In its analysis, the court found that county records showed the land had initially been allocated to Mugo Karanja in 1957, before the Guild’s later application was approved.

A government surveyor also said maps in his custody identified the property as a school playing field.

In its findings, the court held that the Guild had failed to produce a letter of offer or allotment, proof of payment, stamp-duty receipts or evidence of a formal change of user.

The judge consequently ruled that the land reserved for a public purpose could not be allocated privately.

“The registration of L.R. No. KARAI/KARAI/350 in the name of the 1st Respondent on 6th December 2001 was entirely illegal and unprocedural,” the court ruled.

The judge held that registration could not protect a title obtained illegally over land reserved for public use, and that the law empowered the court to cancel such a title under Section 80 of the Land Registration Act, 2012.

The court tied the ruling to constitutional guarantees on education and children’s rights, saying the playground must remain available to the three schools and their pupils. It awarded the petitioners costs, payable by the Guild.

Commenting on the judgment, the EACC said investigations established that the former County Council of Kiambu set aside the land in 1957 for use as a school playing field.

The commission said there was no letter of offer or acceptance, no evidence of payment of rent or rates, and no proof that the Guild had paid consideration to the council.

"The judgment safeguards a vital public facility used by more than 1,300 pupils, ensuring that the playground remains available for learning, sports and recreation for current and future generations," the commission said and reaffirmed its commitment to protecting public property for the benefit of all Kenyans.

The judgment was delivered virtually at Thika on October 5, 2026.