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Church land wars escalate as families, agencies and developers clash

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Behind some centres of worship lies another reality, a battle over who owns the grounds. 

Photo credit: Shutterstock

For generations, churches have been places of worship, refuge and community life.

But behind some of the walls where Kenyans gather to pray lies another reality, a battle over who owns the ground beneath their feet.

Across the country, courts have been asked to settle bitter disputes involving churches, religious organisations, trustees, families, companies and public agencies.

The fights have ranged from claims that land was bought by a church but registered in another organisation’s name, to allegations that titles were obtained fraudulently.

In some cases, rival church factions have gone to court claiming the same property. In others, families have challenged religious organisations that have held titles for years.

Gavel and patch of land

Across the country, courts have been asked to settle bitter disputes involving churches.


Photo credit: Shutterstock

The disputes have produced a string of decisions showing that churches do not enjoy a special shield when their ownership of land is challenged.

Courts have cancelled titles held by religious organisations, ordered land to be registered in the names of church trustees. They have stopped churches from being evicted from disputed property. And they have also dismissed claims brought by religious organisations that failed to establish their ownership.

The latest cases show that the battle for church land is becoming increasingly complex.

Court records and ruling show the disputes are no longer simply between a church and an individual. They now involve rival religious bodies, developers, schools, county governments, land agencies and even competing groups within the same denomination.

On January 26, 2026, the Environment and Land Court in Nakuru handed Africa Christian Church & Schools a significant victory. The registered trustees of the church had challenged the registration of land known as Molo South/Ikumbi Block 12/245 to two people. They wanted the registration cancelled and the property restored to its trustees.

The court agreed; ordered the cancellation of the disputed registrations and directed the Land Registrar to register the property in the names of the church trustees.

The defendants were also barred from selling, leasing, charging, subdividing or interfering with the property.

The decision is important because it demonstrates that a registered title is not necessarily the final word where a competing claimant can establish that the registration was wrongfully obtained.

The court's approach was to examine the history behind the registration rather than simply accept the title document at face value.

County government vs church

Three days later, on January 29, 2026, the Methodist Church in Kenya Trustees Registered found itself in a very different battle.

The church is fighting the County Government of Tharaka Nithi and several other parties over about seven acres, saying the land was allocated to it by local authorities more than two decades ago. It claims that it took possession and has occupied the property for years.

The county government and other agencies are contesting the claim.

The church wants recognition of its ownership, protection from interference and orders affecting the competing occupation and registration of the property.

In a decision delivered January 29 the judge found defects in the church's amended pleadings and directed the parties to address the issue before the substantive ownership dispute could be determined.

One of the biggest religious land battles of 2026 involved the Catholic Church. On February 2, 2026, the Environment and Land Court dismissed a suit by the Registered Trustees of the Catholic Archdiocese of Mombasa over a parcel measuring about 71.1 hectares in Kwale.

The Archdiocese had asked the court to cancel the defendants' title, declare the land its property and order the occupants out. The church relied on historical documentation and its claim to the property.

But the court found that the evidence did not establish the Archdiocese's ownership to the required standard. The suit was dismissed.

On February 11, 2026, the Anglican Church was caught in land ownership battle before the Environment and Land Court in Kitale, Trans Nzoia.

Mr Peter Njuguna claimed ownership of the property. The Anglican Church was an interested party in the dispute.

The court eventually declared Njuguna the lawful owner and ordered vacant possession.

The fights have also spread into Nairobi's property market.

On March 11, 2026, the Environment and Land Court dealt with a dispute involving the registered trustees of Deliverance Church and New Age Developers Construction Company Ltd and others.

The case also involved the Chief Land Registrar, a bank and the Attorney-General.

On March 13, 2026, the Environment and Land Court dealt with an appeal involving the Registered Trustees of Hossanah Shalom Liberty Church and Mwangi.

On April 30, 2026, another church property dispute involving the Registered Trustees of St Francis of Assisi Mtondia Catholic Church was decided.

On May 13, 2026, the court handled a dispute involving trustees of the Disciples of Christ Foundation Fellowship Church.

On May 21, 2026, the board of trustees of Good News Church of Africa was involved in another land ownership dispute. The case centred on competing claims to registered ownership of the property.

And on June 18, 2026, the Full Gospel Churches of Kenya, through its registered trustees, was involved in a land case against the representatives of the estate of M'Ramare Nkunga.

These cases and decisions show that the litigation is not confined to the biggest denominations.

Pentecostal churches, Catholic institutions, Anglican bodies and other religious organisations are all appearing in land cases.

The current wave of cases is not new. For years, Kenyan courts have been asked to determine whether churches, their trustees and rival claimants have genuine rights over land.

One of the striking cases was Registered Trustees Gospel of God Church against eight other persons. The Environment and Land Court at Meru delivered judgment on November 15, 2023 that favored the church

The court declared that the disputed land was held in trust for the church. It ruled that subsequent transfers were invalid and ordered cancellation of the title held by the final registered owner.

The land was to revert to the church's registered trustees. The judge also issued a permanent injunction protecting the property from interference.

From occupants to owners

The case shows the power of the trust structure. Where church trustees can establish that property was acquired or held for the church, the court can undo later transactions that unlawfully interfere with that interest.

On October 2, 2024, the Environment and Land Court at Meru delivered a judgment involving Full Gospel Churches of Kenya through its registered trustees. 

Its case was based on adverse possession — essentially, that it had occupied the land openly and continuously for the required period.

The court ruled in favour of the church. The defendants were ordered to execute documents transferring the portion to the registered trustees, failure to which the Deputy Registrar of the court was authorised to execute the documents.

The decision is significant because it shows another route through which a church can establish an interest in land. It need not always begin with a purchase agreement or an original allocation.

Long, open and uninterrupted occupation can, in the circumstances recognised by law, become the basis of a successful claim. 

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