Kenya Case Law

Omino v Omino & another (Land Case Appeal E058 of 2025)

Omino v Omino & another (Land Case Appeal E058 of 2025) [2026] KEELC 4673 (KLR) (23 July 2026) (Judgment)

Court

Environment and Land Court

Case number

Land Case Appeal E058 of 2025

Judge

["CC Oluoch"]

The appeal failed because the trial court properly found, on credible evidence, that the appellant obtained the title to the entire parcel through misrepresentation and fraud, making the title impeachable under section 26 of the Land Registration Act. The appellant's contradictory purchase figures, admitted signature discrepancies, and the vendor's credible testimony established that he only bought a small portion, not the whole parcel. The 1st respondent also proved purchase, possession, and development sufficient to support a constructive trust and overriding interest. The subdivision order…

Source excerpt

• Fraud in land transfer
• Misrepresentation
• Indefeasibility of title
• Constructive trust
• Overriding interests
• Burden and standard of proof

Pola & 3 others v Republic

Court

Court of Appeal

Case number

Criminal Appeal 6 of 2019

Judge

["MS Asike-Makhandia", "DK Musinga", "SG Kairu"]

The Court of Appeal upheld four brothers’ murder convictions, finding eyewitness recognition, postmortem evidence, and malice aforethought proved beyond reasonable doubt.

• Murder
• Malice aforethought
• Recognition evidence
• Circumstantial and direct evidence
• Failure to produce exhibits
• Appeal by first appellate court