The court dismissed a claim over alleged demolition of Eastleigh plots, finding the plaintiffs did not prove the county was responsible for the destruction.
In a double-titling dispute over Ruiru East/Juja East Block 2/3972, the court found the plaintiff failed to prove title or fraud and dismissed the suit with costs.
The court dismissed a land claim after finding the plaintiff failed to prove the alleged plots matched the suit property or that bonus plots were allocated.
Burden of proof
Allocation of shares and plots by a land-buying company
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.
Otieno v Nyakongo (Enviromental and Land Originating Summons E023 of 2026) [2026] KEELC 5365 (KLR) (31 August 2026) (Ruling)
Court
Environment and Land Court
Case number
Enviromental and Land Originating Summons E023 of 2026
Judge
["FO Nyagaka"]
The court dismissed an injunction and stay application as a collateral attempt to halt execution of an existing eviction decree, and awarded costs to the respondent.
Akoth v Mwatsami (Environment and Land Case 6 of 2018) [2026] KEELC 5250 (KLR) (7 August 2026) (Judgment)
Court
Environment and Land Court
Case number
Environment and Land Case 6 of 2018
Judge
["A Ombwayo"]
The court found the charge document valid and accepted that the defendant’s father had executed the charge, but held that there was no evidence of service of the mandatory statutory notices, no proof of advertisement or public auction, and no evidence of valuation before sale. Because the due process for sale was not complied with, the alleged sale was irregular and the plaintiff’s claim failed while the counterclaim succeeded.
Sadera v Nabaala & another (Environment and Land Case E028 of 2025) [2026] KEELC 5235 (KLR) (6 August 2026) (Judgment)
Court
Environment and Land Court
Case number
Environment and Land Case E028 of 2025
Judge
["LN Gacheru"]
The Plaintiff proved ownership of the land but failed to prove, on a balance of probabilities, that these Defendants personally trespassed upon, occupied, cultivated or leased the suit property between 1990 and 2017. Because wrongful occupation was not established, the claims for special damages, mesne profits and general damages collapsed, and the suit was dismissed with costs.
Horeria v Murigu & 3 others (Land Case E247 of 2026) [2026] KEELC 5249 (KLR) (6 August 2026) (Ruling)
Court
Environment and Land Court
Case number
Land Case E247 of 2026
Judge
["MN Kullow"]
The court found that the Applicant satisfied the Giella test because earlier court proceedings had already recognized his possessory and equitable rights, the alleged destruction and threats were uncontroverted, and the Respondents had not shown prejudice outweighed the Applicant’s risk of irreparable harm. However, because similar injunctive orders had already been granted in ELC E215 of 2026 and the issues overlapped, the court declined to vary the existing position, ordered the parties to maintain the status quo, and directed consolidation of the matters with ELC E215 of 2026 as the lead f…
Siba (Suing in the Capacity of the Administratix in the Estate of Mohamud Siba) v Siba & 2 others (Environment and Land Appeal E025 of 2025) [2026] KEELC 5158 (KLR) (4 August 2026) (Judgment)
Court
Environment and Land Court
Case number
Environment and Land Appeal E025 of 2025
Judge
["JO Mboya"]
The appellate court held that the trial magistrate misapprehended the evidence and the law by treating the absence of adoption of tribunal awards as defeating their evidential value, and by accepting the respondents' location letter without interrogating the root of registration. The court found that the appellant proved the estate's root of title, that the registration in the deceased respondent's father's name was fraudulent on the evidence, and that the respondents' occupation amounted to trespass. The appeal was allowed and the appellant granted declaratory, rectification, eviction, injun…