Kenya Case Law

Ethics and Anti- Corruption Commission v Kaisha & 2 others (Land Case E016 of 2025)

Ethics and Anti- Corruption Commission v Kaisha & 2 others (Land Case E016 of 2025) [2026] KEELC 5188 (KLR) (29 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Land Case E016 of 2025

Judge

["A Nyukuri"]

The court held that the applicant established a prima facie case because both sides admitted the suit property had originally belonged to and been reserved by government for civil servants' housing, leaving the lawfulness of the deceased's acquisition as the central disputed issue. The possibility of disposal created irreparable injury risk, and the balance of convenience favored preserving the status quo in light of the Government's asserted ownership and possession. The injunction was therefore warranted.

Source excerpt

• Temporary injunction
• Prima facie case
• Irreparable injury
• Balance of convenience
• Allocation of government land
• Validity of title

Kapkomoi v Korir alias Flomena Jelagat Mulwo

Kapkomoi v Korir alias Flomena Jelagat Mulwo (Environment and Land Case E029 of 2022) [2026] KEELC 4795 (KLR) (22 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case E029 of 2022

Judge

["GMA Ongondo"]

The court found the dispute over the suit property highly contested and unsuitable for final interlocutory determination. Although the applicant sought an injunction, the court held that the proper interim relief was a status quo order to preserve the land and prevent alienation, subdivision, transfer, or development pending hearing and determination of the suit.

Source excerpt

• Temporary injunction
• Status quo order
• Interim preservation orders
• Prima facie case
• Alienation of land
• Caution on title

Kapoya v Kasio & another

Kapoya v Kasio & another (Environment and Land Appeal E027 of 2023) [2026] KEELC 4305 (KLR) (9 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Appeal E027 of 2023

Judge

["J Omange"]

Because there was a pending appeal over a land boundary dispute, continued transfer, subdivision activity, beacon movement, and new fencing risked rendering the appeal moot and prejudicing the subject matter. The court therefore preserved the status quo by restraining alienation and further physical interference, while declining mandatory orders at the interlocutory stage.

Source excerpt

• Temporary injunction
• Boundary dispute
• Quiet possession
• Status quo pending appeal
• Alienation of land
• Beacon/boundary interference

Matiri (Deceased) v Munene & 3 others

Court

Court of Appeal

Case number

Civil Appeal (Application) E036 of 2022

Judge

["S ole Kantai", "JW Lessit", "A Ali-Aroni"]

The Court of Appeal dismissed a Rule 5(2)(b) motion for stay of execution pending appeal, holding the nugatory test was not met.

• Stay of execution pending appeal
• Rule 5(2)(b) jurisdiction
• Arguable appeal
• Nugatory aspect
• Trust over ancestral land
• Inhibition orders

Board of Trustees, National Social Security v Keiyo Teachers Co-operative Savings and Credit Society & 6 others

Court

Court of Appeal

Case number

Civil Appeal E076 of 2020

Judge

["MA Warsame", "JM Mativo", "PM Gachoka"]

The Court of Appeal upheld dismissal of an appeal over prison land in Eldoret, finding the parcels were gazetted public land, the transfers were nullities, and a refund was justified.

• Public land
• Gazettement
• Alienation of land
• Title validity
• Bona fide purchaser
• Restitution/refund of purchase price

Ibacho Farmers Self Help Group (Suing through its Official Elkanah Moruri) v Barina Squartters Self Help Group Land Project (Sued through its Chairman Patrick Maguru)

Court

Environment and Land Court

Case number

Environment and Land Case E006 of 2025

Judge

["MAO Odeny"]

The court granted a temporary injunction preserving disputed land pending trial, finding the Applicant had shown a prima facie case and that no undue prejudice to the Respondent was shown.

• Temporary injunction
• Interlocutory relief
• Prima facie case
• Alienation of land
• Subdivision and titling
• Alternative dispute resolution