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Kenya Case Law

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Land law [2026] KEELC 5492 (KLR)

Republic (Ex Parte: Eric Matoke Onyancha) v County Land Registrar, Nyamira & 3 others

Court
Environment and Land Court
Case number
Environment and Land Judicial Review Case E002 of 2026
Judge
DO Ohungo

The Environment and Land Court at Nyamira granted leave for judicial review of the County Land Registrar's rectification of a land register, declined a stay, and refused injunctive relief within leave proceedings.

  • Leave to apply for judicial review
  • Rectification of the land register
  • Cancellation of title and proprietary rights
  • Fraud in land transfers
  • Stay of administrative decisions
  • Temporary injunctions in judicial review
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Land law [2026] KEELC 5487 (KLR)

Jobenpha Community School v Kimani

Court
Environment and Land Court
Case number
Environment and Land Case E149 of 2026
Judge
CA Ochieng

Court upheld a preliminary objection and dismissed a school's suit seeking to challenge enforcement of a Business Premises Rent Tribunal judgment, holding that the dispute fell within the Tribunal's exclusive jurisdiction over controlled tenancies.

  • Jurisdiction of business premises rent tribunal
  • Controlled tenancies
  • Preliminary objections on pure points of law
  • Res judicata and abuse of court process
  • Enforcement of tribunal judgments against non-parties
  • Possession and eviction
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Civil procedure [2026] KEHC 13721 (KLR)

Maaru v Capital Sacco Ltd & another

Court
High Court
Case number
Civil Appeal E058 of 2026
Judge
SM Githinji

The High Court dismissed an application for a temporary injunction pending appeal restraining the sale of a charged parcel of land by a Sacco, finding no evidence of homelessness, no demonstrated likelihood of appeal success, and greater prejudice to the lender.

  • Temporary injunction pending appeal
  • Statutory power of sale under charge
  • Sacco shares and loan settlement
  • Irreparable loss and balance of convenience
  • Appellate jurisdiction under order 42 rule 6(6) civil procedure rules
  • Injunction-pending-appeal
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Land law [2026] KEELC 5491 (KLR)

Matara & another v Registered Trustees Diocese of Kisii (Nyansiongo Parish) & 5 others

Court
Environment and Land Court
Case number
Environment and Land Case 80 of 2021

The Court held it had jurisdiction because the pleaded claims sought cancellation of titles and adverse possession, not a boundary dispute. The Plaintiffs' suit was dismissed and the First Defendant's encroachment counterclaim succeeded.

  • Jurisdiction over boundary disputes
  • Registered land and indefeasibility of title
  • Fraud and illegality in title
  • Adverse possession against registered proprietor
  • Encroachment and eviction
  • Permanent injunction
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Succession law [2026] KEELC 5476 (KLR)

Winnie Atieno Omondi v Morris Lawrence Okwanyo Oturi & Jack Owino Oturi & 1 other

Court
Environment and Land Court
Case number
Environment and Land Petition E005 of 2026

The Environment and Land Court struck out a succession petition and urgent application to stop the burial of a deceased person on land parcel SOUTH GEM/GOMBE/946, holding that the petitioner lacked locus standi and had not sought a limited grant under the Law of Succession Act.

  • Locus standi
  • Jurisdiction of the court
  • Limited grant of letters of administration
  • Exhaustion of statutory mechanisms
  • Preservation of status quo pending succession
  • Inherent powers of the court
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Civil procedure [2026] KEHC 13619 (KLR)

Lin-Cap Credit Ltd v Mukundi & 2 others

Court
High Court
Case number
Commercial Appeal E314 of 2025

The High Court declined to stay a Magistrate's order requiring Lin-Cap Credit to deposit Kshs 5,725,000 pending appeal, discharging the interim stay and extending the deposit period by thirty days.

  • Stay of execution pending appeal (order 42 rule 6 civil procedure rules)
  • Professional undertakings
  • Mareva injunction and dissipation of funds
  • Functus officio and review of orders
  • Full and frank disclosure in ex parte applications
  • Inherent jurisdiction (section 3a civil procedure act)
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Land law [2026] KEHC 13669 (KLR)

Summer Mount Holdings Limited v Bank of Baroda (Kenya) Limited & another

Court
High Court
Case number
Commercial Case E105 of 2026

Interlocutory ruling granting a temporary injunction against a bank's statutory sale of charged Nairobi land, as the bank failed to prove service of the 40-day Notice to Sell under Section 96(2) of the Land Act.

  • Statutory power of sale of charged land
  • Mortgagee/chargee statutory notices
  • Forced sale valuation and duty of care
  • Equity of redemption
  • Interlocutory injunctions
  • Clog on redemption
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Constitutional law [2026] KEHC 13621 (KLR)

Sheikh & another (As trustees of Sheikh Fazal Ilahi Noordin Charitable Trust) v Commissioner of Lands & 11 others (Suing on their own behalf and on behalf of the Squatter Community residing on LR No Formerly 209/193, currently Nairobi Block 37/63, identified with the squatters as Kwa Njoroge Village)

Court
High Court
Case number
Petition 15 of 2021

The High Court dismissed a joinder application by occupants of Nairobi Block 37/63, holding the court functus officio on ownership and that adverse possession claims fall within the Environment and Land Court's exclusive jurisdiction.

  • Functus officio doctrine
  • Res judicata
  • Subject matter jurisdiction of high court vs environment and land court
  • Joinder of parties post-judgment
  • Adverse possession
  • Sub judice
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Land law [2026] KEELC 5472 (KLR)

Chepyego & another v Tobose (Substituted with Ziporah Tabosei)

Court
Environment and Land Court
Case number
Environment and Land Appeal E004 of 2023

The appeal from a magistrate's decision on an oral 1994 land sale of Plot No. 2240 Kapluk was dismissed, with costs to the respondent.

  • Oral agreements for sale of land
  • Enforceability of oral land contracts under section 3(3) law of contract act
  • Constructive trust and proprietary estoppel
  • Adverse possession and occupation
  • Burden of proof under section 116 evidence act
  • Standard of review on first appeal
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Banking law [2026] KEHC 13668 (KLR)

Ashok D. Panchal & another v Bank of Baroda (Kenya) Limited & another

Court
High Court
Case number
Commercial Case E083 of 2026

The High Court dismissed the borrowers' bid to temporarily stop a bank's power-of-sale over their Nairobi apartment, finding no prima facie case under the in duplum rule.

  • Statutory power of sale
  • In duplum rule
  • Interlocutory injunctions
  • Equity of redemption
  • Burden of proof
  • Statutory notices for mortgage default
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.