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Kenya decisions
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The Environment and Land Court allowed a claim for registration of Eldoret Municipality Block 14/68 by adverse possession, finding the plaintiff's 1987 entry under a non-owner's sale was not permissive.
Eldoret ELC dismissed the Defendant's preliminary objection on sub judice and res judicata grounds, holding it was not a pure point of law and that costs abide the main suit.
The Environment and Land Court dismissed an appeal in a trespass claim, holding that registration as proprietor did not establish that the respondents occupied the specific parcel without a survey or other locating evidence.
The court struck out a land suit for want of the adjudication officer's written consent under section 30(1) of the Land Adjudication Act and set aside the interlocutory judgment against the defendant.
The Environment and Land Court held that two plaintiffs proved an unbroken root of title to two Nairobi parcels, cancelled the defendant's leases, and ordered his eviction with Kshs 500,000 damages.
Kenya Electricity Transmission Co Ltd (KETRACO) v Obonyo & another (Environment and Land Appeal E100 of 2025) [2026] KEELC 5353 (KLR) (31 August 2026) (Judgment)
The court allowed KETRACO’s appeal, set aside a trespass award over power lines on land in Kisumu, and dismissed the respondents’ cross-appeal.
Ogutu v Opere (Environment and Land Appeal E029 of 2023) [2026] KEELC 5374 (KLR) (31 August 2026) (Judgment)
The court allowed the appeal, set aside the eviction and caution-removal orders, and dismissed the respondent’s suit, holding trespass was not proved.
Abdikarim v Mohamed & another (Land Case Appeal E033 of 2025) [2026] KEELC 5253 (KLR) (7 August 2026) (Judgment)
The appeal failed because the subordinate court had jurisdiction over the land dispute under the applicable statute; filing the matter in the civil registry was merely an administrative classification and did not oust jurisdiction. The appellant was served, filed a defence and counterclaim, but did not attend the hearing or adduce evidence, so the respondent's claim stood uncontroverted and no denial of fair hearing was shown.
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Kinyua v Ranguma & 3 others (Environment and Land Case E512 of 2024) [2026] KEELC 5161 (KLR) (6 August 2026) (Ruling)
The applicant failed to show that the plaint is scandalous, frivolous, vexatious or an abuse of process. The pleadings disclose contested issues of law and fact on ownership, possession and trespass that cannot be summarily resolved under Order 2 Rule 15, so the drastic remedy of striking out was unjustified.
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Kinyua & another v Gichu (Environment and Land Appeal E013 of 2024) [2026] KEELC 5308 (KLR) (5 August 2026) (Judgment)
The appeal failed because the Respondent held a valid registered title supported by sale and transfer documents, while the Appellants led no admissible evidence to prove fraud or customary trust. Their own evidence confirmed occupation and interference with the suit land, which supported the finding of trespass. The trial court’s decision was therefore upheld.
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