Mediator Evans Mwendwa

24/09/2025

The Doctrine of Adverse Possession in Kenya

Part 2

What is adverse possession?

Adverse possession refers to a situation where a person who is not the legal owner of land occupies it openly, continuously, and exclusively, without the consent of the valid owner, and after a statutory period (12 years in Kenya), may acquire legal ownership of that land.

Subsequently, adverse possession allows an individual to claim legal ownership of land through continuous and exclusive occupation for twelve years or more, without permission from the registered owner.

A person claiming adverse possession must, in addition to showing continuous and uninterrupted occupation beyond 12 years, prove non-permissive or non-consensual, actual, open, notorious, exclusive, and adverse use/occupation of the land in question for an uninterrupted period of 12 years as espoused in the Latin maxim, nec vi nec clam nec precario which means “ No force, no secrecy, no permission”. The occupation must be as of right, open, and without the owner’s consent.

The doctrine seeks to strike a balance between promoting certainty in land tenure and penalising landowners who “sleep on their rights” in a bid to promote equitable use of finite land resources.

24/09/2025

Makueni's is an excellent initiative to bring healthcare to vulnerable households. 👏

However, for long-term sustainability, rebranding it to would be a fantastic idea! A name tied to the county, not a specific governor, ensures the program's continuity and makes it a lasting legacy for all residents, regardless of who is in office.

Health initiatives, especially those that provide universal coverage, are most effective when they outlast political terms and become established county programs.

A name tied to a specific administration could risk being abandoned or changed by a future government, which could disrupt the program and confuse residents. This has been witnessed before when the Current administration abandoned the Kibwana Care.

My Governor Mutula Kilonzo Jr has entirely agreed with my thoughts and I trust this shall be factored in the Public Participation scheduled for tomorrow 25th September 2025 across all the Wards.

Let's build a foundation for health that lasts for generations!

23/09/2025

Eyes on 2027:

Tomorrow on , Sam Gituku hosts Wiper Party Leader Kalonzo Musyoka

23/09/2025

Good News to Parents;

Each student at Litein Boys High School to pay 137K for the damages caused in order to resume learning.

Get this, 😳😳😳No any other school shall admit a student from Litein Boys. Transfers blocked

23/09/2025

My Message to Hassan Omar Hassan , the current UDA Secretary General.

You should never forget where you came from. You were once the Secretary General of Wiper and later elected as Senator for Mombasa under the same Wiper banner. It is Kalonzo Musyoka who gave you that platform.

So how dare you turn around to insult and disrespect him? Remember, in politics, tables turn. East or West, home is always best - tomorrow you may find yourself needing Wiper again.

Stop biting the hand that once fed you. Show respect to H.E. Kalonzo Musyoka. Because make no mistake - in Kenyan politics, disrespecting Kalonzo is political su***de.

23/09/2025

The Doctrine of Adverse Possession in Kenya

Part 1

In Kenya, the doctrine of adverse possession remains one of the most intriguing and misunderstood legal concepts, often leading to intense litigation, especially in land disputes.

Rooted in the idea that long, uninterrupted land occupation can override formal title ownership, this doctrine underscores the law’s recognition of possession as a basis of ownership, provided it satisfies specific and strict requirements.

The doctrine is founded on public policy promoting land use and discouraging neglect.






fans

23/09/2025

This is a good initiative by Makueni County, However, I have agreed with my good friend Mutula Kilonzo Jr that it should be renamed MAKUENI CARE for purposes of CONTINUITY.

23/09/2025

23/09/2025

🌕🤵🏾‍♂️ 𝐋𝐀𝐃𝐈𝐄𝐒 𝐀𝐍𝐃 𝐆𝐄𝐍𝐓𝐋𝐄𝐌𝐄𝐍, 𝐓𝐇𝐄 𝐁𝐀𝐋𝐋𝐎𝐍 𝐃’𝐎𝐑… 𝐎𝐔𝐒𝐌𝐀𝐍𝐄 𝐃𝐄𝐌𝐁𝐄𝐋𝐄! ❤️💙🤩

22/09/2025

Kiteta Kisau Ward, Mbooni Constituency

Pale Tawa AIC. Andu makwa, uiiti ni ukite musyi. Ukai mwikwe nesa.

Courtesy of Lions Sight First Eye Hospital

22/09/2025

When we say Kenya is a REPUBLIC, it means:

Sovereignty belongs to the people - Power comes from citizens, not from a monarch, dictator, or unelected ruler. Leaders govern on behalf of the people.

Elected leadership - Citizens have the right to elect their leaders through regular, free, and fair elections. Leaders are accountable to the people.

Rule of law - The Constitution is the supreme law, and everyone (including leaders) is subject to it. No one is above the law.

Separation of powers - Government functions are divided among the Executive, Legislature, and Judiciary to avoid abuse of power.

Protection of rights - A republic guarantees fundamental rights and freedoms of its citizens as enshrined in the Constitution.

👉 In simple terms, A REPUBLIC IS A GOVERNMENT “OF THE PEOPLE, BY THE PEOPLE, FOR THE PEOPLE,” where power rests with citizens and their elected representatives, not a royal family or hereditary ruler.

1ON1

22/09/2025

MY STATEMENT ON THE JSC PRESS RELEASE ON GRAFT.

I commend the Judicial Service Commission Kenya (JSC) for its bold and timely response to the allegations of bribery against a Judge, as outlined in its press release dated 22nd September 2025.

By promptly acknowledging the matter and commencing investigations, the Commission has reaffirmed its unwavering commitment to integrity, transparency, and accountability in line with Articles 168 and 172 of the Constitution.

This action by the JSC sets a high standard for all government and public institutions. It demonstrates that no arm of government or public office should tolerate corruption, and that the rule of law must remain supreme.

The fight against graft requires courage, independence, and honesty, values that the Judiciary has once again chosen to uphold.

I therefore call upon other government agencies, state corporations, county governments, and all public institutions to emulate the Judiciary in addressing allegations of corruption openly and decisively.

Every public office must adopt a zero-tolerance approach to graft, institute independent investigations where necessary, and ensure continuous accountability to the people of Kenya.

The war on corruption cannot be won by one institution alone as it requires a collective responsibility. Together, with every sector upholding the values of integrity, transparency, and accountability, we can build a nation anchored on justice and trust in public service.

Finally, other government and public institutions should emulate this approach by:

a) Acknowledging corruption allegations instead of dismissing or concealing them.

b) Instituting prompt and independent investigations to safeguard public trust.

c) Reaffirming integrity and accountability as the foundation of public service.

d) Upholding constitutional mandates in service delivery and governance.

e) Regularly updating the public to build confidence and transparency.

If every state organ and public institution mirrored the Judiciary's commitment to integrity and accountability, the war on graft would be more effective, and public trust in institutions would greatly improve.

END of Statement
Signed by
Mediator Evans Mwendwa