Faith rewarded: Kisumu Catholic church wins ownership of land occupied since 1986

For 39 years, St Maria Goretti Catholic Church worshippers prayed, built and served their community on a piece of land in Nyalenda they occupied but did not legally own.

A chapel rose on it. Classrooms followed. Generations worshipped there. But one thing remained missing: a title deed.

That long wait is now over. The Environment and Land Court has declared the church the lawful owner of the 0.15-acre parcel, ruling that Peter Ondoo’s title had been extinguished by operation of law and that the church acquired the property through adverse possession.

The church has occupied the land since 1986, although the property was registered in Mr Ondoo’s name in 1990.

The Registered Trustees of the Archdiocese of Kisumu, suing on behalf of St Maria Goretti Catholic Church, filed the case against Mr Ondoo, seeking the cancellation of his title to Kisumu/Nyalenda “A”/659 and registration of the church as the owner.

The 0.06-hectare property is equivalent to approximately 0.15 acres.

The church told the court that Fr Burgman of the Mill Hill Missionaries acquired the land from Charles Owiti in 1986 for a project aimed at rehabilitating street children through religious instruction and practical skills.

It took possession of the property that year and, according to evidence presented in court, remained there continuously and without interruption.

A chapel was built on the land in 1987 and has since served Catholics in Nyalenda. The church also constructed classrooms for training.

The church argued that its occupation had been open, peaceful and uninterrupted, and that Mr Ondoo had neither interfered with its possession nor taken steps to reclaim the property.

It therefore asked the court to declare that it had acquired the land through adverse possession, having occupied it for more than the statutory 12-year period.

Mr Ondoo was served with the Originating Summons but did not appear in court or defend the case.

The matter consequently proceeded to formal proof, with Rev Fr Kevin Ndago testifying on behalf of the church.

Fr Ndago told the court that the church had occupied the property for 39 years without interruption.

He produced an official search dated September 14, 2023, a letter from the Chief of West Kolwa Location dated September 20, 2024, a certified extract of the land register and a photograph of the church building.

The church asked the court to grant it ownership of the land so that it could continue developing the property.

In his judgment, Justice Samson Okong’o found that the church’s account of how it entered and occupied the land had gone unchallenged.

“The evidence the plaintiff tendered as to when and how the church entered the suit property was not controverted,” Justice Okong’o ruled.

The judge noted that nearly four decades had passed without Mr Ondoo taking legal action to recover the property.

“It is over 39 years since the church took possession of the suit property. The defendant has brought no action against them to recover the property,” Justice Okong’o stated.

Justice Okong’o held that under Sections 7 and 17 of the Limitation of Actions Act, Mr Ondoo’s title had been extinguished after the statutory 12-year period elapsed.

He consequently declared that St Maria Goretti Catholic Church had acquired Kisumu/Nyalenda “A”/659 through adverse possession.

The judge ordered Mr Ondoo to transfer the property to the plaintiff within 30 days.

Should he fail to comply, the Deputy Registrar of the court will be authorised to execute the necessary documents to transfer the land to the church.

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