In a surprising court decision, a Chinese construction company has legally taken ownership of valuable land in Nairobi—without buying it.
The company, China Jiangsu International Economic-Technical Cooperation Corporation East African Company (CJIETCCEA), gained ownership through a legal concept called adverse possession. This old British law, still used in Kenya, allows someone to legally own land if they occupy it openly and continuously for 12 years without the owner’s permission.
Justice Christine Atieno Ochieng ruled that the company had rightfully taken over the nearly one-acre piece of land after occupying it without interruption for over a decade. The original owner, China Jiangsu International Economic Technical Co-operation Corporation Limited (CJIETCCL)—ironically also a Chinese company—had abandoned the land after scaling down operations in Kenya.
How It All Began
In 2009, CJIETCCEA found the land sitting idle. They moved in, set up a hardware store, construction yard, and housing for staff. Over time, they added water, electricity, internet, and hired local workers. Employees even signed affidavits confirming they had worked there since 2012.
They made improvements, kept records, and operated publicly for over 12 years—without being challenged by the land’s owner.
What is Adverse Possession?
Adverse possession allows someone to become the legal owner of land if:
- They use it without permission from the owner.
- Their use is open, obvious, and uninterrupted for 12 years.
- They exclude others from using the land.
The law was created to stop land from sitting idle and to resolve boundary disputes. But in this case, it helped transfer valuable land from an absent owner to a savvy occupier.
Why Did the Court Rule in Their Favor?
The judge found that CJIETCCEA met all the conditions:
- They used the land openly and continuously since 2009.
- They never got permission from the owner.
- The original owner didn’t show up in court or try to take the land back.
By 2021, the 12-year period was complete, and the original owner had lost their chance to reclaim the land.
A Costly Mistake for the Original Owner
CJIETCCL ignored legal notices and didn’t defend their ownership in court. That silence cost them land worth millions of shillings. This case is a wake-up call for property owners—especially foreign investors—who don’t actively manage their land in Kenya.
Lessons for Other Landowners
The case is a clear warning:
If you don’t use your land or protect it, someone else legally can.
Here is my advise;
- Inspect your land regularly.
- Act fast if someone is occupying it.
- Keep records and respond to legal notices.
