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Originally published by Capital News
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July 8, 2026
4h ago

High Court Asked to Halt Adverse Possession Claims in Landmark Constitutional Challenge

High Court Asked to Halt Adverse Possession Claims in Landmark Constitutional Challenge

The petitioner, Abdulrasul Swaleh Mohsin, wants the court to issue conservatory orders suspending all ongoing adverse possession proceedings before the Environment and Land Court until the constitutional issues raised in the case are fully determined...

✨ Key Highlights

A constitutional challenge has been filed at the High Court seeking to halt the doctrine of adverse possession in Kenya, arguing it contradicts the Constitution.

  • The petitioner requests conservatory orders to suspend all ongoing adverse possession proceedings and prohibit the processing of related land transfers.
  • Key figures include petitioner Abdulrasul Swaleh Mohsin and Justice Jairus Ngaah.
  • The challenge targets Sections 7 and 17 of the Limitation of Actions Act, asserting infringement on the right to property under Article 40 of the Constitution.

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