Kakuzi loses Supreme Court fight to reclaim 72-acre Makuyu golf course land

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Listed agricultural firm Kakuzi Plc has lost its long-running bid to reclaim about 72 acres of land in Murang’a County that Makuyu Club has used as a golf course for decades, after the Supreme Court dismissed its appeal and upheld the club’s ownership through adverse possession.

The ruling, reported on Saturday, October 24, 2026, closes the latest chapter in a dispute that has been in Kenya’s courts since 2002. The apex court agreed with the Court of Appeal that the club had shown continuous, uninterrupted and exclusive occupation of the land for the period the law requires, while Kakuzi did not act firmly enough to assert its ownership within the limitation period.

Club on the land since 1934

According to the court, evidence showed that Makuyu Club had occupied the land from 1934, with Kakuzi’s knowledge, and kept using it after the agricultural company acquired the larger property in 1967. The club says the parcel was donated by settlers in 1934 for use as a golf course, decades before Kakuzi bought the surrounding estate.

The judges noted that the club remained in possession for about 35 years before it went to court in 2002, seeking to be declared the lawful owner of the portion on the grounds that it had occupied it for more than 12 years. Under Kenyan law, a person who openly and continuously occupies land without the owner’s permission for 12 years can apply to be registered as its owner.

The Supreme Court found that a new owner of land already held by someone else must take clear, unequivocal steps to interrupt that occupation. “We are satisfied that the appellant (Kakuzi) failed to do so within the prescribed limitation period,” the court ruled.

It said Kakuzi only moved to assert its interest in May 2002, when, by its own account, it tried to formalise the club’s use of the property through a lease agreement. By then, the club’s claim had already matured.

Kakuzi’s argument

Kakuzi had argued that the club’s occupation had always been with the knowledge and express consent of the company and its predecessor. Consent matters in adverse possession cases, because occupation by permission, such as under a lease or licence, does not count towards the 12-year period. The courts, however, found that the company did not prove it had taken the steps needed to stop time running against it.

The decision ends Kakuzi’s latest attempt to overturn a series of judgments that recognised Makuyu Club’s claim, leaving the golf course in the club’s hands.

Earnings pressure at the Nairobi-listed firm

The judgment comes as Kakuzi also contends with weaker earnings. The avocado and macadamia grower has warned investors that its 2026 profit will fall sharply as macadamia prices slump. Read more in our report on Kakuzi’s 2026 profit warning.

While the 72 acres are a small share of Kakuzi’s estate in Makuyu, the case is a reminder to landowners that holding a title deed alone may not protect land that someone else has openly used for years. Owners who let neighbours, clubs or institutions use part of their land are generally advised to put the arrangement in writing, such as a lease or licence, so the use is clearly by permission.

Protecting your land

Buyers and owners can confirm who is registered on a parcel through the official land search process. Our step-by-step guide on how to do a land search in Kenya through ArdhiSasa explains the process and costs, while our guide to land transfer steps and official costs covers what happens when property changes hands. If you are still waiting for documents, see how to get a title deed in Kenya.