Kenya Case Law

Mohara v Chacha

Court

Magistrate's Court

Case number

Environment and Land Case E045 of 2025

Judge

JP Nandi

The court held that a title to a subdivided Kenyan land parcel was fraudulently obtained where the deceased registered owner purportedly signed the mutation and transfer after his death, and ordered cancellation and restoration of the register.

• Fraud in acquisition of land title
• Indefeasibility of title and exceptions under land registration act
• Burden and standard of proof in undefended suits
• Pleading and proof of fraud
• Subdivision and transfer of land after death of registered proprietor
• Land-title-fraud

In re Estate of Wepukhulu (Deceased)

In re Estate of Wepukhulu (Deceased) (Succession Cause 71 of 1998)

Court

High Court

Case number

Succession Cause 71 of 1998

Judge

REA Ougo

The High Court distributed the estate of Jonathan Wepukhulu Amukota, excluding land disputes outside its jurisdiction, allocating rooms at plot No. 70 to the 1st Administrator, and sharing held rent monies equally.

• Confirmation of grant of letters of administration
• Mode of distribution of intestate estate
• Jurisdiction of high court versus environment and land court over land title
• Proof of rent collected from estate property
• Burden of proof
• Succession-law

Wangatho v Gacheche

Court

Environment and Land Court

Case number

Environment and Land Appeal E019 of 2024

Judge

EK Makori

On first appeal, the Court upheld a Tribunal decision that a landlord's notice to terminate a controlled shop tenancy for intended reconstruction was valid, and dismissed the claim for refund of construction costs as unproven.

• Termination of controlled tenancy
• Notice to terminate tenancy under form a
• Definition of landlord under landlord and tenant (shops, hotels and catering establishments) act
• Ownership versus entitlement to rent in estate administration
• Validity of notice signed by advocate or agent
• Burden and standard of proof for unproven construction costs

Mwamburi t/a Kaddy Fashion and Supplies v Mbololo Ushirika Company Limited

Court

Environment and Land Court

Case number

Environment and Land Appeal E015 of 2025

Judge

EK Wabwoto

The Environment and Land Court dismissed a tenant's appeal against a Business Premises Rent Tribunal decision on wrongful distress for rent, holding the distress lawful, the Tribunal without jurisdiction to award damages, and special damages unproved.

• Lawfulness of distress for rent
• Rent arrears and evidential burden of proof
• Police assistance orders under auctioneers rules
• Jurisdiction of business premises rent tribunal to award damages
• Strict proof of special damages
• Costs on appeal

Azubedi & 2 others v Mohamed & 2 others

Court

High Court

Case number

Family Appeal E077 of 2021

Judge

CJ Kendagor

The High Court dismissed a family appeal seeking refund of KES 53 million in rental income from an estate property, finding the deceased applied the income to the appellants' maintenance and education.

• Intermeddling with deceased's estate under section 45 law of succession act
• Refund of rental income from estate property
• Burden of proof under section 112 evidence act
• First appellate court's duty to re-evaluate evidence
• Maintenance of dependants from estate income
• Succession-law

Sirengo v County Government of Bungoma & another

Court

Environment and Land Court

Case number

Environment and Land Appeal E024 of 2025

Judge

AK Bor

The Environment and Land Court dismissed an appeal claiming an access road encroached on a buyer's land in Bungoma, holding the buyer failed to prove encroachment, special damages, or a legally protectable interest.

• Proof of ownership and registration under land registration act
• Equitable interest of purchaser under sale agreement
• Trespass and encroachment to land
• Admissibility and weight of surveyor's report and expert evidence
• Burden and standard of proof in civil claims
• Special damages pleading and proof

In re Estate of Nguu Mutavi (Deceased)

Court

High Court

Case number

Civil Appeal 98 of 2017

Judge

TM Matheka

The High Court dismissed an application to revoke a grant of letters of administration over the estate of Nguu Mutavi, finding forgery, fraud and a trust over registered land were not proved.

• Revocation of grant of letters of administration
• Locus standi of interested party in succession proceedings
• Fraud and concealment of material facts in obtaining grant
• Forgery allegations and standard of proof
• Proprietorship of registered land and conclusiveness of title
• Constructive or resulting trust over registered land

Great Kenfast Works Ltd v Kenya Revenue Authority

Court

Tax Appeal Tribunal

Case number

Tax Appeal E1148 of 2024

Judges

RM Mutuma, E Ng'ang'a, G Ogaga, JM Malla

The Tribunal held a receiver remains answerable for pre-receivership tax debts of the company, but allowed the appeal and remitted the objection decision because new documents adduced on appeal had not been reviewed by the Respondent.

• Receivership and pre-receivership tax liabilities
• Income tax assessment
• Value added tax assessment
• Burden of proof in tax appeals
• Admissibility of additional evidence at appeal stage
• Best judgment assessment

Ethics & Anti-Corruption Commission v Ngethe

Court

High Court

Case number

Civil Suit 35 of 2018

The High Court held that the award of a Nairobi City Council cemetery land tender was irregular and fraudulent, and ordered the defendant, former Director of Legal Services, to repay Kshs 13,000,000 received from the sale proceeds.

• Recovery of proceeds of corruption
• Irregular public tender award
• Fraud standard of proof
• Burden of proof
• Document examination evidence
• Restitution of public funds

James Peter Mboko & another v Secretary General, Kudheiha Workers

Court

Employment and Labour Relations Court

Case number

Cause E003 of 2025

The Kakamega ELRC dismissed claimants' claim seeking KES 510,510 and 314,100 allegedly paid by a school to their union, finding no proof the union received the decretal sums.

• Recovery of decretal sums
• Burden of proof
• Union duty of care and fiduciary duty to members
• Pleadings and submissions
• Execution of judgments
• Costs