In a significant decision, the Environment and Land Court of Kenya has issued a ruling that strengthens the rights of long-term tenants and squatters against arbitrary eviction. This case involved a group of squatters in Laikipia County who had occupied land for over 20 years. The landowner attempted to evict them without following proper legal procedures, triggering a public interest lawsuit.

The court emphasized that even if tenants or squatters lack title deeds, they are still protected under the Constitution of Kenya, especially where long-term occupation and improvements to the land are evident. The court ruled that the landowner must follow due process, including issuing proper notice and obtaining an eviction order, while considering the historical context of occupation.

This ruling sets a strong precedent for land rights litigation in Kenya, especially in rural and peri-urban areas. At Kabugu & Co. Advocates, we advise all landowners and occupiers to seek legal counsel before taking any action regarding property disputes. This case illustrates the growing judicial awareness of socioeconomic realities and the need to balance property rights with human dignity.