Kenya Case Law

Njiiri & another v Wambua & another

Court

Environment and Land Court

Case number

Land Case E284 of 2026

Kenya's ELC held it has jurisdiction over children's claim that a father holds registered land in trust for them after a consent divorce settlement; objection dismissed and interim orders granted.

• Jurisdiction of the environment and land court
• Preliminary objection on jurisdiction
• Express and implied trusts in land
• Overriding interests under land registration act section 28
• Spousal consent under section 93 land registration act
• Interim injunction principles (giella v cassman brown)

In re Gitau & another (Land Originating Summons E014 of 2025)

In re Gitau & another (Land Originating Summons E014 of 2025) [2026] KEELC 5073 (KLR) (30 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Land Originating Summons E014 of 2025

Judge

["MN Gicheru"]

The application disclosed sufficient merit because the proposed charge and loan were intended to complete a stalled project for the benefit of the minors, and the court therefore granted authority to the 1st applicant to charge the property and execute the necessary documents.

Source excerpt

• Leave to charge trust property
• Authority of trustee to borrow
• Best interests of minors
• Charge over land
• Ex parte originating summons

Kasmatu Welfare Association & 47 others v Rotich & 4 others

Kasmatu Welfare Association & 47 others v Rotich & 4 others (Constitutional Petition E034 of 2024) [2026] KEHC 12062 (KLR) (29 July 2026) (Ruling)

Court

High Court

Case number

Constitutional Petition E034 of 2024

Judge

["PN Gichohi"]

The court held that the petition’s core complaint was unlawful transfer and misuse of trust land, which is substantively a dispute over title, ownership, and occupation of land. That brought the matter within the exclusive jurisdiction of the Environment and Land Court under Article 162(2)(b) and section 13 of the Environment and Land Court Act, and outside the High Court’s jurisdiction under Article 165(5), regardless of the constitutional labels attached to the pleadings. The preliminary objection was therefore proper and succeeded.

Source excerpt

• Jurisdiction
• Preliminary objection
• Environment and land court jurisdiction
• Title to land
• Access to information
• Fiduciary duty

Registered Trustees of Edelvale v Sisters of Good Shepherd Registered Trustees & another

Registered Trustees of Edelvale v Sisters of Good Shepherd Registered Trustees & another (Civil Appeal E1408 of 2024) [2026] KEHC 5741 (KLR) (30 April 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E1408 of 2024

The trial court properly exercised its discretion in granting interlocutory injunctive orders that were preservatory, mutual, and temporary, in line with established legal principles. There was no misdirection or application of wrong principles, and the threshold for appellate interference was not met.

Source excerpt

• Interlocutory injunctions
• Trusteeship
• Preservation of property
• Appellate review

In re Estate of Linda Bernadette Lomonaco (Deceased)

In re Estate of Linda Bernadette Lomonaco (Deceased) (Succession Cause 973 of 2019) [2026] KEHC 5123 (KLR) (Family) (23 April 2026) (Ruling)

Court

High Court

Case number

Succession Cause 973 of 2019

The Trustees failed to exercise their discretion in a manner that sufficiently safeguards the best interests of the minors by disproportionately favoring capital accumulation over immediate welfare. Trustees must utilize a minimum of 50% of estate income for the minors' benefit and provide periodic accounts.

Source excerpt

• Trustees' discretion
• Maintenance of minors
• Fiduciary duty
• Best interests of the child
• Investment of estate income

In re Estate of Kariuki (Deceased)

Court

High Court

Case number

Probate & Administration 1063 of 2015

Judge

H Namisi

The High Court declined to revoke a grant of probate over a testamentary trust for sale, refused freezing and inhibition orders, and directed the executor to file a full inventory and account.

• Revocation of grant of probate
• Fiduciary duties of executors and trustees
• Testamentary trust for sale
• Equitable conversion
• Duty to render accounts
• Preservatory orders (freezing order and inhibition order)

Faith Tabernacle of Klamath Falls v Mahihu & 2 others (Sued as the Chairperson, Secretary and Treasurer of Jammi Homecare Foundation); Ngethe & 2 others (Interested Parties) (In Their Personal Capacities as Chairperson, Secretary and Treasurer of Fountain of Light Centres International)

Court

Environment and Land Court

Case number

Environment and Land Case E46 of 2025

Judge

MAO Odeny

Kenyan Environment and Land Court granted a temporary injunction and valuation access orders over assets and land held by a charitable foundation, finding donor-funded property at risk pending trial.

• Temporary injunctions
• Prima facie case
• Irreparable injury
• Balance of convenience
• Trustee accountability and misuse of charitable property
• Foreign entity land ownership (leasehold)

Nduva & 3 others v Ndar & 3 others; Muiruri (Contemnor)

Court

High Court

Case number

Civil Case 24 of 2017

Judge

SN Mutuku

The High Court ruled on three applications concerning contempt, change of advocates, leave to appeal out of time, setting aside a judgment, and joinder over disputed trust property sale proceeds in a St. Vincent de Paul trusteeship dispute.

• Contempt of court and standard of proof
• Change of advocates under order 9 rule 9 cpr
• Extension of time to appeal under section 7 appellate jurisdiction act
• Setting aside judgment under inherent powers section 3a cpa
• Joinder of parties
• Res judicata under section 7 cpa

Ngugi v Mohammed

Court

High Court

Case number

Civil Appeal E195 of 2025

Judge

AC Mrima

High Court dismissed an appeal from a Small Claims Court order to refund KES 820,000, holding the grounds raised factual rather than legal questions and that the trial decision was not perverse.

• Jurisdiction of the high court on appeal from small claims court
• Matters of law versus matters of fact
• Second appellate review and perversity
• Resulting trust
• Refund of money paid for leasing property
• Admissibility of whatsapp evidence and documents produced by consent

Muthusi v Mutiso

Court

Environment and Land Court

Case number

Environment and Land Appeal E005 of 2023

Judge

EO Obaga

On first appeal, the Environment and Land Court dismissed a pastor's claim that a 40x12 metre plot was his personal property, holding it was bought with church funds and held in trust for the church.

• Ownership of land purchased by a church pastor on behalf of a congregation
• Doctrine of constructive/resulting trust
• Duty of a first appellate court to reconsider evidence
• Evaluation of documentary and oral evidence
• Enforcement of unpleaded or non-counterclaimed agreements
• Article 159 of the constitution of kenya 2010 (substantive justice)