ISACK M'INANGA KIEBIA V. ISAAYA THEURI M'LINTARI & ISACK NTONGAI M'LINTARI

JUDGMENT

A. INTRODUCTION

[1] This petition dated and filed on 29^th July, 2015 is an appeal under Article 163 (4), (b) of the Constitution pursuant to certification and leave to appeal granted by this Court in a Ruling delivered on the 16^th July, 2015, in Application No. 46 of 2014, involving the same parties. In certifying the petition as involving a matter of general public importance, this Court formulated the following question at para 35:

“Is there a state of uncertainty in the law, arising from contradictory precedents, and warranting this Court’s resolution of the doubt? While the question of customary, or generational trust has been determined from time to time, the resulting body of precedent is not clear on the singular question, whether a claimant of a trust in customary law needs to prove actual physical possession, or occupation. Despite an overhaul of the previous land laws, and the enactment of a new Land Registration Act (2012), to consolidate and rationalize the registrat…