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The High Court increased general damages for serious facial and orbital injuries from Kshs. 800,000 to Kshs. 2,000,000, while affirming liability and special damages.
The court dismissed an adverse possession claim over Nairobi/Block 263/1105 and 1106, holding time did not run for 12 years after prior litigation and a 2006 eviction judgment.
Kipkirwa v Mele alias Kibet A Meli alias Kibet Mell (Enviromental and Land Originating Summons E017 of 2026) [2026] KEELC 5375 (KLR) (31 August 2026) (Ruling)
The Environment and Land Court upheld a preliminary objection, finding the suit barred by res judicata, sub judice, and limitation, and dismissed it with costs.
Githinji & 2 others v Gakuru (Environment and Land Case 472 of 2014) [2026] KEELC 5348 (KLR) (19 August 2026) (Judgment)
The Plaintiffs failed to prove uninterrupted and continuous adverse possession for twelve years because the Defendant asserted his proprietary rights through fencing the land and multiple court proceedings over the disputed parcel. Those proceedings interrupted any alleged running time, so the statutory period necessary to mature title by adverse possession did not accrue in the Plaintiffs' favor.
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The court held that Gordon Otieno Adoyo proved adverse possession over about three acres of parcel KANYAMWA/KABONYO KWANDIKO/2139 and granted registration and injunction relief.
Njeu v Kenya Veterinary Vaccine Production Institute & another (Cause E263 of 2025) [2026] KEELRC 2360 (KLR) (31 July 2026) (Ruling)
The Claimant’s cause of action arose in 2005, long before the Employment Act, 2007 came into force, and even on a continuing-injury basis the suit was filed more than twelve months after retirement in July 2023. The claim was therefore time-barred, incompetent, and beyond the Court’s jurisdiction.
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Kananu v Mutwiri (Civil Appeal E392 of 2024) [2026] KEHC 12201 (KLR) (31 July 2026) (Judgment)
The appeal succeeded only in part because the respondent proved the outstanding balance of Kshs. 206,000/= under the 20th April 2015 agreement, but the trial court erred by automatically enforcing the additional Kshs. 400,000/= without first determining whether it was a legally enforceable liquidated sum, contractual interest, or an unlawful penalty. The court therefore upheld the Kshs. 206,000/= award and set aside the Kshs. 400,000/= component.
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Korir v Principal Secretary, Ministry of Health & another (Cause E485 of 2022) [2026] KEELRC 2356 (KLR) (31 July 2026) (Judgment)
The suit was filed more than six years after dismissal and was therefore statute barred under section 90 of the Employment Act, depriving the court of jurisdiction. Even if the merits were reached, the court found the dismissal was substantively justified by desertion but procedurally unfair for want of notice and hearing. The monetary claims failed for lack of particulars and proof, while only certificate of service and a declaration on procedural unfairness would have been merited had the court reached remedies.
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Lehongo & 10 others (Suing on their own Behalf and on Behalf of 400 Residents of the Suit Land) v Shumba Valley Conservancy & 4 others (Environment and Land Petition E003 of 2026) [2026] KEELC 5220 (KLR) (31 July 2026) (Ruling)
The court held that the Petitioners did not demonstrate a sufficient proprietary stake capable of overriding the 1st Respondent’s registered title, that the claim mirrored matters already conclusively decided in Petition No. 12 of 2021 and was therefore res judicata, that the court was functus officio on those issues, and that the petition was also barred by limitation. The ex parte orders were set aside for material non-disclosure, the National Land Commission was struck out as an improperly joined party because the land was private land, and the petition was struck out.
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Maswi v Wambura & 15 others (Environment and Land Case E024 of 2025) [2026] KEMC 414 (KLR) (31 July 2026) (Judgment)
The defendants’ occupation of 17.93 hectares was found to be a continuing trespass, not a single completed wrong, so the limitation defence failed. The plaintiff, as registered proprietor, retained the right to exclusive possession and to evict trespassers. Because the defendants had no lawful right after their adverse possession claim had been dismissed, the court ordered vacant possession, eviction in default, permanent injunction, and general damages of Kshs. 100,000 against each defendant.
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