The Environment and Land Court dismissed the Plaintiff's claim to parcel CISMARA/MAJIMOTO/2760, finding he failed to prove a lawful root of title and upholding the 1st Defendant's title as a Majimoto Group Ranch member allocation.
Competing certificates of title and indefeasibility
Court dismisses an application to commit a registered owner for contempt of an injunction against construction on parcel 4037, holding the applicant failed to prove the works stood on that parcel rather than her own parcel 4039.
Contempt of court - committal for disobedience of injunction
Clarity and precision of court orders
Service and knowledge of court orders
Burden and standard of proof in contempt proceedings
Identity of suit land and boundary disputes between adjoining parcels
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
Karani & another v Njogu & 5 others (Environment and Land Case E064 of 2025) [2026] KEELC 5210 (KLR) (4 August 2026) (Ruling)
Court
Environment and Land Court
Case number
Environment and Land Case E064 of 2025
Judge
["MD Mwangi"]
The Plaintiffs failed to establish a prima facie case because their account of acquisition of the suit property was riddled with material inconsistencies and contradictions, including impossible dates and a narrative that conflicted with the 2nd Defendant’s title chain. They also failed to show irreparable harm because their own pleading sought monetary compensation in the alternative, demonstrating that any loss could be compensated in damages. Given the unexplained 19-year delay and the failure to satisfy the injunction threshold, the court declined to exercise its equitable discretion and…
Abdi & another v Arvic Tours and Travels Ltd (Changed to Ainushmsi Multiple Agencies Ltd) & another (Environment and Land Case E003 of 2023) [2026] KEELC 5277 (KLR) (30 July 2026) (Ruling)
Court
Environment and Land Court
Case number
Environment and Land Case E003 of 2023
Judge
["EK Makori"]
The court held that the objections failed because the res judicata and sub judice complaints were not pure points of law and required examination of contested facts, prior proceedings, party identity, and the effect of a consent order that had revoked the subdivision said to be the subject of the earlier suit. The court further found that the dispute was substantially about land titles, consolidation, subdivision, and alleged fraud, which brought it within ELC jurisdiction. The counterclaim was not struck out because any pleading defect was curable by amendment, and striking out would be too…
Muugu & 191 others v County Government of Kirinyaga & 44 others & another (Environment and Land Petition 2 of 2019) [2026] KEELC 4861 (KLR) (29 July 2026) (Ruling)
Court
Environment and Land Court
Case number
Environment and Land Petition 2 of 2019
Judge
["SM Kibunja"]
The court held that although no orders could be made against the eleven intended respondents because there was no evidence of service upon them, the application was otherwise unopposed after the 1st respondent conceded, so leave to amend and join the eleven persons was allowed and preservatory relief by way of temporary injunction and inhibition was granted to maintain the status of the suit land pending determination of the petition.
K-Unity Savings and Credit Co-operative Society Limited v Land Registrar, Kiambu & 3 others (Environment and Land Miscellaneous Case E008 of 2025) [2026] KEELC 5143 (KLR) (28 July 2026) (Ruling)
Court
Environment and Land Court
Case number
Environment and Land Miscellaneous Case E008 of 2025
Judge
["JM Onyango"]
The restriction was imposed to endure only until conclusion of the subordinate court case, and that event had occurred. The Applicant, as an interested chargee, properly approached court after the Land Registrar failed to act on its request. The 4th Respondent’s preliminary objection failed because whether lifting the restriction was merely administrative was not a pure point of law and depended on facts and merits. The statutory basis in section 78 empowered the court to order removal of the restriction, so the application succeeded.
Maside v Mwaura (Environment and Land Appeal E012 of 2026) [2026] KEELC 4734 (KLR) (24 July 2026) (Ruling)
Court
Environment and Land Court
Case number
Environment and Land Appeal E012 of 2026
Judge
["CG Mbogo"]
The court held that the application satisfied the requirements of prompt filing and willingness to provide security, and that substantial loss was shown because removal of the caution gave the respondent free hand to alienate the land, which could defeat the appeal and disrupt occupation of the children’s home. The court rejected the respondent’s argument that nothing could be stayed, holding that it could grant practical relief to preserve the status quo pending appeal. Stay was therefore granted subject to security and a fresh caution to protect the subject matter.
Wanjiru (Suing on Behalf of the Estate of Noah Karuga Koinage) v Kariuki (Executor of the Estate of Wilfred Koinange Gathiomi) & another (Environment and Land Petition E021 of 2025) [2026] KEELC 4641 (KLR) (20 July 2026) (Ruling)
Court
Environment and Land Court
Case number
Environment and Land Petition E021 of 2025
Judge
["JM Onyango"]
The applicant failed to establish a prima facie case because the land dispute had already been litigated for decades, the original owner never challenged the elders' award during his lifetime, and the matter had been overtaken by a Court of Appeal consent-mediated settlement and concluded succession proceedings. Since the first limb of the injunction test was not met, the court declined to consider irreparable harm or balance of convenience and dismissed the application.
Makau v Mbira (Originating Summons 185 of 2018) [2026] KEELC 4627 (KLR) (17 July 2026) (Ruling)
Court
Environment and Land Court
Case number
Originating Summons 185 of 2018
Judge
["LL Naikuni"]
The court found that service of summons was not beyond doubt because the substituted newspaper advertisement may not have effectively notified the Defendant/Applicant, who resided outside Mombasa and was affected by Covid-19 movement restrictions. The Defendant/Applicant also raised triable issues on adverse possession and fraud, based on evidence that the plot was vacant in 2019 and that occupation was disputed. In those circumstances, the court exercised its discretion under Order 10 rule 11 to set aside the judgment and allow the matter to proceed to a full hearing on the merits.
