NAIROBI, Kenya Jul 8 – A constitutional petition filed before the High Court is seeking to halt the application of the doctrine of adverse possession in Kenya, arguing that the legal principle allowing individuals to acquire ownership rights over land through prolonged occupation is inconsistent with the Constitution.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.He has also asked the court to prohibit the Ministry of Lands and the Land Registry from processing or registering any transfers of property arising from successful adverse possession claims while the matter remains before the court.Central to the petition is a challenge to Sections 7 and 17 of the Limitation of Actions Act, provisions that underpin adverse possession claims in Kenya by limiting the period within which registered landowners can recover land occupied by others.Mohsin argues that the provisions infringe on the right to property guaranteed under Article 40 of the Constitution by permitting individuals to lose ownership of land without compensation through the mere passage of time.According to the petition, the promulgation of the 2010 Constitution fundamentally altered the legal framework governing property rights and did not expressly preserve the doctrine of adverse possession as previous constitutional arrangements had done.He contends that the continued reliance on the doctrine under the current constitutional order raises serious legal and constitutional questions requiring judicial determination.The petitioner further warns that unless interim orders are granted, landowners may continue to lose property through adverse possession claims, creating situations that could be difficult or impossible to reverse if the court ultimately finds the doctrine unconstitutional.He maintains that preserving the status quo through conservatory orders is necessary to safeguard property rights while the case proceeds.Justice Jairus Ngaah has certified the matter as urgent and directed that all respondents and interested parties be served with the application.The court further ordered the respondents to file their responses within seven days of receiving the pleadings.The case will return to court on July 22, 2026, when the High Court is expected to issue directions on the hearing and determination of the application.