https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4427
The applicants produced a valid certificate of title showing them as registered proprietors, and the respondent neither disputed that title nor responded to the application. Since the respondent had been given notice to vacate and remained in occupation without lawful basis, the court held that the applicants'...
Source-derived case information.
- Citation
- [2026] KEELC 4427 (KLR)
- Parties
- 1 ST Plaintiff/applicant: MARY NKIROTE KIMBUI; 2 ND Plaintiff/applicant: BRIAN KIMATHI KIMBUI; 3 RD Plaintiff/applicant: WENDY NYEERA KIMBUI; Defendant/respondent: KENNEDY MWENDA NTONGAI
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Case E006 of 2023
- Procedural Posture
- Miscellaneous Application in the Environment and Land Court / Judgment on Application for Temporary Eviction/vacant Possession
- Outcome
- Application allowed with costs to the applicants.
- Judges
- ["LN Mbugua"]
- Legal Topics
- Temporary Eviction, Vacant Possession, Registered Proprietorship, Caretaker Occupation Revoked, Protection of Title, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MARY NKIROTE KIMBUI
1 ST Plaintiff/applicant
BRIAN KIMATHI KIMBUI
2 ND Plaintiff/applicant
WENDY NYEERA KIMBUI
3 RD Plaintiff/applicant
KENNEDY MWENDA NTONGAI
Defendant/respondent
Procedural Posture
Miscellaneous Application in the Environment and Land Court / Judgment on Application for Temporary Eviction/vacant Possession
Legal Issues
- 1 Whether the applicants established entitlement to temporary eviction and vacant possession of the suit property.
- 2 Whether the registered title held by the applicants deserved protection under section 25 of the Land Registration Act.
- 3 Whether the respondent's continued occupation after revocation of permission justified the orders sought.
Ratio Decidendi
The applicants produced a valid certificate of title showing them as registered proprietors, and the respondent neither disputed that title nor responded to the application. Since the respondent had been given notice to vacate and remained in occupation without lawful basis, the court held that the applicants' proprietary rights required protection and allowed the temporary eviction and vacant possession orders with costs.
Court Disposition
Application allowed with costs to the applicants.
Orders
- Temporary order for eviction and/or vacant possession of NGOBIT SUPUKO BLOCK 5/3492 (ORIGINAL NUMBER NGOBIT/SUPUKO 5/80) granted.
- Officer Commanding Station, Ngobi Police Station to provide assistance to ensure compliance.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT NANYUKI** **ELC MISC E006 OF 2026** **MARY NKIROTE KIMBUI………..…..1ST PLAINTIFF/APPLICANT** **BRIAN KIMATHI KIMBUI……………2ND PLAINTIFF/APPLICANT** **WENDY NYEERA KIMBUI………..….3RD PLAINTIFF/APPLICANT** **VERSUS** **KENNEDY MWENDA NTONGAI….DEFENDANT/RESPONDENT** **JUDGMENT** 1. This suit was filed by way of a Chamber summons application dated 20.4.2026 where the applicants seek the following orders; **“** 1. **Spent.** 2. **THAT pending the inter-parties hearing of this Application, a temporary order to issue for eviction and/or vacant possession of NGOBIT SUPUKO BLOCK 5/3492 (ORIGINAL NUMBER NGOBIT/SUPUKO 5/80) (the “Suit Property”)** 3. **THAT Officer Commanding Station, Ngobi Police station to provide assistance to ensure compliance of Orders 2 above.** 4. **THAT the costs of this Application be borne by the defendant/respondent.”** 5. The applicants argue that they are the registered owners of the suit property, that the defendant was permitted to remain on the suit property as a caretaker, but such permission has since been revoked. That the applicants issued a notice to the defendant dated **15.9.2025** to vacate the premises, but the latter refused or neglected to do so. Thus the continued occupation of the land by the defendant amounts to interfering with plaintiffs’ proprietary rights of the suit premises. 6. The defendant was served as per the Affidavit of Service dated 13.6.2026 but no response was filed. 7. I have scrutinized the documents filed in this suit. One of them is a Certificate of title dated 16.6.2025 registered in the names of the applicants. In terms of the provisions of Section 25 of the Land Registration Act, the applicants deserve protection of their right to property from this court. It is also noted that a notice was duly issued to the defendant to vacate the suit premises. In that regard, the orders sought are merited. 8. The claim of the applicants in terms of the application dated 20.4.2026 is allowed with costs to the applicants. **DATED, SIGNED AND DELIVERED AT NANYUKI THIS 8th DAY OF JULY, 2026 THROUGH MICROSOFT TEAMS.** **LUCY N. MBUGUA** **JUDGE** **In the presence of:** **Nancy Mwangi – C/A** **M/s Nafula h/b for M/s Kagwiria for applicant** **Absent for respondent**