Kenya Case Law

Kardale & 13 others v District Land Adjudication & Settlement Officer, Transmara & 61 others

Kardale & 13 others v District Land Adjudication & Settlement Officer, Transmara & 61 others (Environment and Land Case 13 of 2021) [2026] KEELC 4470 (KLR) (16 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case 13 of 2021

Judge

["MN Mwanyale"]

The application was allowed because the proposed amended defence and counter-claim related only to the 10th Plaintiff's claim over parcel Transmara/Nkararo/517, caused no demonstrated prejudice to the other parties, and satisfied the liberal amendment principles under section 100 of the Civil Procedure Act and governing case law. The witness recall was also allowed on a narrow basis because the counter-claim directly implicated the witness's earlier testimony and no hardship was shown.

Source excerpt

• Amendment of pleadings
• Counter-claim
• Recall of witness for further cross-examination
• Prejudice and costs
• Land adjudication record and parcel ownership

Ali & 24 others v Said & another (Enviromental and Land Originating Summons E92 of 2022)

Ali & 24 others v Said & another (Enviromental and Land Originating Summons E92 of 2022) [2026] KEELC 4595 (KLR) (16 July 2026) (Judgment)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons E92 of 2022

Judge

["BA Akello"]

The Court found that the bill of costs had been duly taxed, a certificate of costs issued and served, no reference or challenge had been filed, and the underlying order for costs was undisturbed; therefore the certificate was final and could be adopted as the judgment and decree. The Court also exercised its discretion under section 27(2) of the Civil Procedure Act to award interest at 14% per annum from the date of the certificate, being the date the liability crystallised, and awarded the applicants costs of the motion.

Source excerpt

• Adoption of certificate of costs as judgment and decree
• Interest on taxed costs
• Finality of taxation
• Costs follow the event
• Unopposed motion

Chemonye v Chemonye & 3 others

Chemonye v Chemonye & 3 others (Environment and Land Case E009 of 2023) [2026] KEELC 4322 (KLR) (13 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case E009 of 2023

Judge

["CN Ondieki"]

The application failed because the Applicants did not first pursue the proper criminal/investigative channel, did not show exceptional circumstances or unlawful refusal/delay by the police, and brought the request after an unexplained three-year delay. Ordering forensic examination through this civil suit would improperly convert it into a criminal investigative process and would undermine the overriding objective and expeditious disposal of the case.

Source excerpt

• Discovery
• Forensic examination of signatures
• Inherent jurisdiction
• Exhaustion of remedies
• Delay in litigation
• Fishing expedition

Wahome & another v Maina & another

Wahome & another v Maina & another (Civil Appeal 446 of 2019) [2026] KECA 1385 (KLR) (10 July 2026) (Judgment)

Court

Court of Appeal

Case number

Civil Appeal 446 of 2019

Judge

["F Tuiyott", "P Nyamweya", "JM Ngugi"]

The Court held that the surveyor’s report established that the appellants had encroached onto the respondents’ land and that, although the boundary defect originated from the earlier subdivision process and the respondents were not responsible for it, the appellants remained liable for the trespass and the resulting deprivation of use. The appellants’ remedy lay against their vendor, not by occupying the respondents’ land. The trial court’s award of general damages was therefore upheld, and the appeal failed on the merits.

Source excerpt

• Trespass to land
• Encroachment
• General damages for trespass
• Costs of appeal
• Survey and boundary re-alignment
• First appellate review

Ogola (Suing as the legal representative of the Estate of John Okello Ngong - Deceased) v Mwalo (Being sued as the legal representative of the Estate of Mariko Mwalo Odero - Deceased) & another

Ogola (Suing as the legal representative of the Estate of John Okello Ngong - Deceased) v Mwalo (Being sued as the legal representative of the Estate of Mariko Mwalo Odero - Deceased) & another (Environment and Land Case E002 of 2023) [2026] KEELC 4341 (KLR) (9 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case E002 of 2023

Judge

["JW Wanyonyi"]

The court found that the dispute was part-heard, the plaintiff had already closed her case, but the requested survey and limited reopening were necessary to determine occupation, land use and acreage on the suit property. Although the application was imperfectly presented and the claimed mistake of counsel was not clearly set out in the affidavit, the court held that the respondent had previously benefited from the applicant's procedural generosity and that any prejudice could be cured by allowing response to the survey report. The court therefore exercised its discretion in favour of substan…

Source excerpt

• Reopening of case
• Survey report
• Setting aside orders
• Inherent jurisdiction
• Fair hearing
• Mistake of counsel

Kariuki & 3 others v Nyokabi & 18 others

Kariuki & 3 others v Nyokabi & 18 others (Environment and Land Case E529 of 2025) [2026] KEELC 4213 (KLR) (7 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case E529 of 2025

Judge

["CA Ochieng"]

The court held that the 2004 judgment and the 2005 consent were clear and binding on how subdivision of Dagoretti/Riruta/961 was to be carried out. The Provincial Surveyor could not implement subdivision on a basis outside those orders, including reliance on the 1972 Land Control Board consent. John Muturi Gitau was properly substituted as administrator of the deceased 3rd Plaintiff’s estate, the challenged amended subdivision plan was set aside, and the applicants were restrained from proceeding contrary to the judgment. The respondents’ motion was dismissed because it effectively sought to…

Source excerpt

• Substitution of deceased party
• Injunctions
• Execution and implementation of decree
• Subdivision of land
• Surveyor compliance with judgment
• Setting aside unauthorized survey plan

Atambo v Ojiambo & 3 others

Atambo v Ojiambo & 3 others (Environment and Land Case 19 of 2023) [2026] KEELC 3679 (KLR) (17 June 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case 19 of 2023

Judge

["CK Nzili"]

The application failed because it was filed through an incoming advocate without complying with the mandatory post-judgment procedure under Order 9 Rule 9, making it incompetent; the applicants also gave no credible explanation for non-attendance or delay, no proof of substantial loss, and no security for stay, while the proposed joinder and amendment/counterclaim lacked a proper nexus and necessity. The court therefore declined to exercise discretion in the applicants’ favour.

Source excerpt

• Setting aside ex parte/regular judgment
• Stay of execution
• Joinder of parties
• Change of advocate after judgment
• Mandatory nature of order 9 rule 9
• Substantial loss and security for stay

Musyoka v National Land Commission & 2 others; Katana (Proposed Interested Party)

Musyoka v National Land Commission & 2 others; Katana (Proposed Interested Party) (Environment and Land Case E014 of 2023) [2026] KEELC 3607 (KLR) (11 June 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case E014 of 2023

Judge

["FM Njoroge"]

The application for joinder failed because the suit was a civil action commenced by plaint, and the court held that an interested party in such a suit would not properly participate as a substantive pleading party; further, the proposed joinder would not assist in the determination of the matter.

Source excerpt

• Joinder of interested party
• Capacity of administrator of estate
• Delay and belated applications
• Participation of interested party in civil suits
• Costs of application

Mumanyi & another v Mokaya & another

Mumanyi & another v Mokaya & another (Environment and Land Case 54 of 2007) [2026] KEELC 3571 (KLR) (10 June 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case 54 of 2007

Judge

["JG Kemei"]

The court accepted that the plaintiffs had given a plausible explanation for non-attendance, namely counsel’s inadvertent failure to diarise and notify them, coupled with the plaintiffs’ ongoing diligence and the 1st plaintiff’s illness. The court found the application was filed without inordinate delay and that justice demanded a hearing on the merits rather than final punishment for an excusable mistake. The dismissal was therefore set aside, subject to throw-away costs and prompt fixing of the matter for hearing.

Source excerpt

• Setting aside dismissal orders
• Reinstatement of suit
• Want of prosecution/non-attendance
• Advocate mistake and excusable error
• Discretion of the court
• Boundary dispute

Ibrahim & another v Muhsin & 2 others

Court

Court of Appeal

Case number

Civil Application E044 of 2025

Judge

["SG Kairu", "AK Murgor", "P Nyamweya"]

The Court of Appeal granted stay of execution and stay of proceedings pending an intended appeal, finding the appeal arguable and notuous if arrest and committal proceeded.

• Stay of execution
• Stay of proceedings
• Rule 5(2)(b)
• Arguable appeal
• Nugatory aspect
• Mediation agreement