Adverse possession is a legal doctrine that allows a person to claim ownership of land they have occupied continuously, openly, and without permission for a specific period — even if they are not the registered owner.

In Kenya, this is governed by:

• The Limitation of Actions Act (Cap 22), particularly Section 7 and Section 38
• Relevant case law from Kenyan courts

✅ Requirements for Adverse Possession in Kenya

To successfully claim adverse possession, you must prove that:

1. 🕒 12 years of continuous occupation of the land without interruption
2. 🚫 No permission or consent from the registered owner
3. 🧱 Exclusive possession — you treated the land as your own (e.g., building on it, farming it)
4. 🔍 Open and notorious use — the occupation was obvious to the world, not hidden
5. 🛑 The owner did not take action to remove you during the 12-year period

📝 Legal Process for Filing an Adverse Possession Claim

1. File an Originating Summons (OS)
   • Under Order 37 of the Civil Procedure Rules
   • Include a supporting affidavit detailing your occupation, developments made, and facts of the case
2. Serve the Registered Owner
   • The registered landowner must be served with the summons and affidavit
3. Court Proceedings
   • The matter proceeds like a normal civil suit:
     • Hearing of testimonies
     • Cross-examination of witnesses
     • Site visits or expert evidence (if necessary)
4. Judgment
   • If the court is satisfied that the legal requirements have been met, it issues an order declaring the claimant the rightful owner
   • The Land Registrar is then directed to register the claimant as the new proprietor

📌 Important Notes

• The 12-year period starts when possession becomes adverse (i.e., no consent)
• Time is interrupted if the owner sues for eviction or reclaims the land
• You cannot claim land belonging to the government, public land, or land held in trust for a minor

💼 How Our Firm – AWK Advocates Can Help

At AWK Advocates, we guide clients through both pursuing and defending adverse possession claims:

For Claimants:

• Assess if your occupation meets the legal threshold
• Draft and file the Originating Summons and affidavits
• Present your case with supporting evidence (photos, witnesses, documentation)

For Landowners:

• Defend against adverse possession claims
• Take legal action to interrupt possession or assert your rights
• Advise on steps to safeguard your title in the future

🔗 Visit us: https://awkadvocates.co.ke

⚖️ Summary Table

📞 Need Legal Help?

Adverse possession is complex and highly fact-dependent. Whether you’re claiming land or protecting your title, let our experienced team at AWK Advocates handle the process.

📞 Contact us today via awkadvocates.co.ke for a confidential consultation and personalized legal support.