Justice Oguttu Mboya of the Environment and Land Court in Isiolo ruled that claimants must demonstrate both ownership of the land and an unauthorised act on the specific parcel before an eviction order can be granted.

The decision arose from an appeal by a man ordered by a lower court to vacate land after being accused of trespassing and erecting a structure without the owner’s permission.

The appellant argued that the structure was built on a different parcel owned by his mother, challenging the lower court’s reliance solely on the title deed.

Justice Mboya noted that the disputed location of the structure was contested and that expert evidence, such as a surveyor’s report or a Land Registrar’s map, could establish precise boundaries.

The judge also criticised the lower court for shifting the burden of proof onto the accused, reaffirming that the claimant must prove trespass rather than the defendant having to disprove it.

The ruling provides a checklist for landowners: prove ownership, identify the specific unauthorised act, show it occurred without permission, confirm the act took place on the disputed parcel, and, if boundaries are disputed, present credible expert evidence.

While the decision does not render title deeds irrelevant, it clarifies that ownership and trespass are separate legal elements that both require proof for an eviction order on trespass grounds.