PCEA Women’s Guild loses Sh60m public school playground land
- The court directed the land registrar to cancel the title issued in December 2001 and register the parcel as public-school land.
- The schools and LSK said the parcel of land had been reserved for a playing field and that efforts to protect it dated back decades.
The Environment and Land Court has ordered the cancellation of a title held by the Presbyterian Foundation (PCEA) Rugithi Women’s Guild over a 2.7-acre parcel reserved as a playground for three public primary schools in Kikuyu, Kiambu County.
Justice Jacqueline Mogeni ruled that the land was public property and that its allocation by the defunct County Council of Kiambu was illegal.
She declared that the land was reserved as a public school playing field and could not lawfully be transferred to a private entity.
The court directed the land registrar to cancel the title issued in December 2001 and register the parcel as public-school land held in trust for Kanyiha, Lusigetti and Njumbi primary schools.
“The statutory framework makes it clear that indefeasibility of title is not an absolute shield. Where a title is obtained illegally, unprocedurally, or over public land that was not available for allocation, the title carries no legal protection,” said the judge.
The dispute concerned parcel KARAI/KARAI/350, measuring 1.1 hectares, according to court records. The schools and the Law Society of Kenya said it had been reserved for a playing field and that efforts to protect it dated back decades.
The petitioners valued the land at about Sh60 million.
The Women’s Guild applied for the land allocation in May 2000. A county council committee, the Works, Town Planning, Markets & Housing Committee, approved the request in September, and the full council adopted the minutes the following month. A title was issued on December 6, 2001.
The guild said it applied after checking that the property belonged to the local authority. It maintained that the council approved the application and that it had occupied the land for 20 years.
It argued that the schools had their own playgrounds and the parcel was too far away to share.
But its witness acknowledged during cross-examination that the guild had no letter of allotment, had paid no purchase price or consideration, and had not paid land rates.
He also said no change of user had been sought and no public notices or consultations had been undertaken. The witness did not produce a receipt for stamp duty.
The court found that official survey maps marked the parcel as a school playing field. A government surveyor called by the Ethics and Anti-Corruption Commission (EACC) confirmed the designation, although he acknowledged that the map did not expressly label the land as public property.
Land acquired illegally
The county’s land administrator said records showed the parcel was first allocated to Mugo Karanja in 1957. No title was issued to him, and county witnesses said the land later reverted to the council.
The administrator confirmed the guild’s application was approved but did not know what procedure was followed to allocate public land to a private organisation.
Petitioners relied on survey maps, council records and correspondence with public agencies, including the EACC. The court noted that the guild filed a separate case in 2021 seeking removal of a caution on the property. That case remained pending, the judgment said.
Justice Mogeni found that the council had no authority to allocate land already reserved for a public playground without the required legal steps. The court said the process had bypassed public participation, valuation, a formal allotment letter, payment and a change of user.
“As a result, the transfer and allocation of L.R. No. KARAI/KARAI/350 by the second respondent (County Government of Kiambu) to the first respondent (Presbyterian Foundation PCEA Rugithi Women’s Guild) was illegal, unprocedural, and null and void ab initio (from inception),” the judge ruled.
The court said registration alone could not protect land acquired illegally. The guild had produced no letter of offer or allotment, proof of payment or evidence of a formal change of user.
The ruling orders the land registrar and the National Land Commission to register the parcel as public-school land held in trust for the three schools, under their boards of management and the Ministry of Education.
It also permanently bars the guild, its officials and anyone acting through it from entering, fencing, depositing construction materials on, transferring, charging or developing the land.
The case was filed by LSK and the three school boards. The county government, land registrar, National Land Commission and Attorney-General were respondents. The Education Cabinet Secretary, EACC and Kikuyu deputy county commissioner were interested parties.
The judgment said the land was held for the neighbouring schools and more than 1,300 pupils. It cited children’s rights to education, play and recreation in explaining the need to protect the playground’s public purpose.
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