Kenya Case Law

Kimundi v Mutua

Kimundi v Mutua [2025] KEELC 5453 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E011 of 2021

Judge

EO Obaga

The court found that the applicant was aware of the existence of the certificate of lease for parcel number Sultan Hamud Town/341 before calling her witness at trial and could have obtained and produced the evidence with reasonable diligence. The court applied the principles set out in Mohamed Abdi Mohamed v Ahmed Abdullahi Mohamed & 3 others (2018) eKLR, emphasizing that additional evidence on appeal should only be admitted if it could not have been obtained earlier with reasonable diligence and is directly relevant to the issues in dispute. The court determined that the evidence sought to b…

Source excerpt

• Additional Evidence On Appeal
• Admission Of Fresh Evidence
• Land Title Disputes
• Ownership Of Land
• Burden Of Proof

In re Estate of Kanda Keture (Deceased)

In re Estate of Kanda Keture (Deceased) [2025] KEHC 10706 (KLR)

Court

High Court

Case number

Succession Cause 148 of 2008

Judge

RN Nyakundi

The High Court at Eldoret adopted an equal distribution schedule for one estate parcel, ordered discharge and subdivision steps, and stayed another parcel pending related litigation.

• Succession Of Polygamous Estates
• Intestate Distribution
• Equal Sharing Among Beneficiaries
• Confirmation Of Grant
• Land Subdivision
• Inheritance Rights

Muatha v Mwikya & another

Muatha v Mwikya & another [2025] KEELC 5441 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E015 of 2020

Judge

EO Obaga

The Environment and Land Court declined to reinstate a suit dismissed for want of prosecution, finding it had abated after the plaintiff’s death and had become moot.

• Suit Abatement
• Reinstatement Of Suit
• Substitution Of Parties
• Ministerial Decision Implementation
• Suit-abatement
• Reinstatement-of-suit

Boss Freight Terminal Limited v Kenya Railways Corporation & another

Boss Freight Terminal Limited v Kenya Railways Corporation & another [2025] KEELC 5450 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E060 of 2025

Judge

SM Kibunja

The court granted temporary and mandatory injunctions protecting the plaintiff’s registered land pending trial, finding a prima facie case and irreparable harm.

• Interlocutory Injunctions
• Proprietary Rights
• Title Challenges
• Balance Of Convenience
• Irreparable Injury
• Interlocutory-injunctions

Philip & 22 others v National Housing Corporation & another

Philip & 22 others v National Housing Corporation & another [2025] KEELC 5451 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition E006 of 2023

Judge

SM Kibunja

The court dismissed a contempt application, finding no clear proof that the status quo order was breached and no personal service on the managing director.

• Contempt Of Court
• Status Quo Orders
• Injunctive Relief
• Eviction Proceedings
• Contempt-of-court
• Status-quo-orders

Keesi & 2 others (Suing as Administrator of the Estate of Jonathan Keesi Ngunzi - Deceased) v Keesi & 9 others

Keesi & 2 others (Suing as Administrator of the Estate of Jonathan Keesi Ngunzi - Deceased) v Keesi & 9 others [2025] KEELC 5458 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 337 of 2017

Judge

EO Obaga

The court dismissed an application to review a prior ruling on contempt, holding the applicant raised appeal grounds rather than any basis for review.

• Review Of Court Orders
• Contempt Of Court
• Injunctions
• Purging Contempt
• Review-of-court-orders
• Contempt-of-court

Maru v Kios & 4 others

Maru v Kios & 4 others [2025] KEELC 5461 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Case E010 of 2025

Judge

GMA Ongondo

The court struck out a land injunction application for being improperly filed and sub judice, noting an existing case over the same parties and property.

• Sub Judice
• Jurisdiction
• Institution Of Suits
• Injunctions
• Abuse Of Process
• Sub-judice

Rotich & 7 others v Yator & 14 others

Rotich & 7 others v Yator & 14 others [2025] KEELC 5432 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition 12 of 2020

Judge

EO Obaga

The court found that the Applicants were entitled to seek leave for a change of advocate post-judgment in compliance with Order 9 Rule 9 of the Civil Procedure Rules. There was no objection from the outgoing advocates regarding their removal, and the existence of pending applications justified the Applicants' need for representation. The court held that the issue of delay did not arise, as the Applicants had a right to be heard on matters affecting them. The objections raised by the Respondents regarding the authority to appoint advocates and the alleged lateness of the application were not s…

Source excerpt

• Change Of Advocate Post Judgment
• Representation Rights
• Order 9 Rule 9 Civil Procedure Rules
• Land Dispute Resolution
• Mediation Adoption
• Party Entitlement To Be Heard

Gacheru & 2 others (Suing as Officials and Members of Good Neighbours Self Help Group) v Shamba Poa Investments Company Limited & 23 others; Mulwa & another (Third party)

Gacheru & 2 others (Suing as Officials and Members of Good Neighbours Self Help Group) v Shamba Poa Investments Company Limited & 23 others; Mulwa & another (Third party) [2025] KEELC 5449 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 41 of 2017

Judge

CA Ochieng

The court found that Wayua Muthama, ID No. 5051002, was the true legal owner of LR No. Mavoko Town Block 3/2719, having demonstrated the root of her title and retained the original certificate. The transactions purporting to transfer the land to Shamba Poa Investments Company Limited were fraudulent, orchestrated by an imposter (Veronica Kangwele Kibwau) and an advocate (F.M. Mulwa), neither of whom had authority or capacity to convey title. As a result, Shamba Poa acquired no proprietary interest, and all subsequent transfers to the defendants were null and void. The defendants failed to est…

Source excerpt

• Fraudulent Land Transfer
• Bona Fide Purchaser
• Title Cancellation
• Land Ownership Dispute
• Injunctions
• Restitution

Kiiru v Gitau & 2 others

Kiiru v Gitau & 2 others [2025] KEELC 5438 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E053 of 2024

Judge

MN Gicheru

The Environment and Land Court dismissed an appeal over a land boundary dispute, holding that the matter should first have been resolved by the Land Registrar.

• Boundary Disputes
• Land Registration
• Adverse Possession
• Overriding Interests
• Boundary-disputes
• Land-registration