The Environment and Land Court in Machakos has ordered officials of Hope Christian Community Church to vacate a privately owned parcel of land in Athi River.
In a ruling dated March 3, 2026, the court ruled that the church unlawfully occupied L.R. No. 25383 in Mavoko Municipality, Machakos County, after constructing structures on the property without the consent of its lawful owners.
“A declaration is hereby made that the defendants, whether by themselves or their agent, servants, or anyone claiming under them, are illegal occupants and trespassers over L.R.No. 25383 (Grant no. 252432) located within Mavoko Municipality in Machakos District,” read part of the ruling.
Church Sued for Unlawful Ownership of Land in Machakos
The case was filed on August 28, 2023, by the administrators of the estate of the late Martin Sikuku Kutuku, who had originally been allocated the land in 1995.
According to court records, the deceased had received an allotment letter dated February 24, 1995, and had taken steps to formalize ownership by paying the required fees and conducting surveys.
Following his death, his widow, Elizabeth Mbatha Kituku, and their daughter started the succession proceedings in the High Court in Machakos, and a confirmed grant was issued, allowing the land to be registered in their names as administrators of the estate.
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The process was finalized in November 2021 when a title deed for the property was officially issued to the family.
However, before the completion of the ownership transfer process, Hope Christian Community Church had already moved in and started constructing.
During the case, Elizabeth Mbatha Kituku supported her testimony with documentary evidence, including the allotment letter, survey records, the confirmed grant, and the title deed.
She further explained that the church had entered the land without permission and had constructed semi-permanent structures, including a tent, a water tank, and iron-sheet buildings.
When the administrators went to court seeking eviction and damages, the defendants astonishingly filed no defence at all. The case proceeded undefended strictly.
Court Fines Church for Unlawfully Owning Land
According to Justice Anne Koross, under Article 40 of the Constitution and the provisions of the Land Registration Act and the Trespass Act, the rights of registered landowners are protected.
She stated that the court found that the church officials had entered and occupied the land without consent, an act that constituted trespass under Kenyan law.
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Therefore, the court issued a permanent injunction barring the church from interfering with the land and ordered the defendants to vacate the property within 90 days.
The defendants were also directed to remove any developments on the land at their own cost.
Additionally, the court awarded the plaintiff KSh 500,000 in general damages and ordered the defendants to pay the costs of the suit.
“An order is hereby made that the defendants, by themselves, their servants and/or agents or any other parties claiming under or through them on L.R. No. 25383 (Grant no. 252432) located within Mavoko Municipality in Machakos District, do vacate it and, at their own cost and remove any developments therein within 90 days hereof and give the plaintiff vacant possession, and in default, the plaintiff shall forcefully evict them together with their servants or agents,” read part of the ruling.
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