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Which court hears a land dispute

Environment and Land Court Act · sources read 3 Oct 2026

Land disputes, such as ownership, title, use, leases and compulsory acquisition, are heard by the Environment and Land Court, or by a magistrate's court appointed for land cases when the land is worth no more than that court's limit (up to KSh 20 million before a chief magistrate). A case to recover land must be filed within 12 years.

Deadline
12 years from when the right to recover the land arose, to file a case to recover land.
Where
Environment and Land Court stations across Kenya, or a magistrate's court appointed for land cases (within its money limit). Boundary-only disputes start with the Land Registrar.
Go to the official site

Steps

  1. If the fight is only about the boundary of registered land, go first to the Land Registrar. A court will not hear a boundary case until the boundary has been determined.
  2. If the land is worth no more than the magistrate's money limit, you can file at a magistrate's court appointed to hear land cases.
  3. Otherwise, file at the Environment and Land Court. It has stations across the country and hears cases from all counties.
  4. The court can send the dispute to mediation, conciliation or traditional dispute resolution, on its own or if the parties agree or ask.
  5. If you are unhappy with a magistrate's decision in a land case, the appeal goes to the Environment and Land Court.

Watch out

  • Magistrates' money limits depend on rank: KSh 20 million (chief magistrate), 15 million (senior principal), 10 million (principal), 7 million (senior resident) and 5 million (resident magistrate).
  • The court can order an injunction to protect the land while the case goes on, and can also award damages, compensation or a declaration.
  • A boundary dispute filed straight in court without the Land Registrar first fixing the boundary will not be heard.

Who this covers

  • Anyone with a dispute over land in Kenya: public, private or community land, title, boundaries, use, rent, leases and compulsory acquisition.
Official sources (5)
  1. Environment and Land Court Act (No. 19 of 2011) new.kenyalaw.org · read 3 Oct 2026
  2. Magistrates' Courts Act (No. 26 of 2015) new.kenyalaw.org · read 3 Oct 2026
  3. Limitation of Actions Act (Cap. 22) new.kenyalaw.org · read 3 Oct 2026
  4. Land Registration Act (No. 3 of 2012) new.kenyalaw.org · read 3 Oct 2026
  5. Environment and Land Court judiciary.go.ke · read 3 Oct 2026

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