We are thrilled to announce a recent victory where we successfully represented one of our clients in a property dispute pitting him against the Kenya Forest Service (KFS).
Our client’s property, bordered by a public forest, came under threat as KFS attempted to dismantle his boundary fence and lay claim to nearly a quarter of the Property. KFS argued that a river running through the Property marked the forest boundary, alleging encroachment and asserting that all the land beyond the river, towards the direction of the forest, was public land.
Our client, who has held the Property since 1995, presented compelling evidence, including Deed Plans and Survey Plans dating back to 1935, which showed the river’s course through the Property long before the current ownership. Further examination, corroborated by the Director of Surveys, revealed that the river’s path was modified through human intervention moving it from its original position to its current position, that is, within the Property, thereby invalidating KFS's claim.
With strong constitutional backing under Articles 40, 47, and 64, our client’s right to property and fair administrative action was upheld. The court ruled in our client’s favor, issuing a permanent mandatory injunction against KFS’s actions, securing our client’s property rights.
The expertise and experience of our Disputes Team, in this case, led by George Muchiri Mwangi was instrumental in this win. The Team’s commitment underscores our dedication to protecting our clients’ rights with resilience and precision.
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