Kenya Case Law

Shihemi (Suing as the Administrator of the Estate of Shihemi Stanley Reuben) & another v Livondo

Shihemi (Suing as the Administrator of the Estate of Shihemi Stanley Reuben) & another v Livondo [2025] KEELC 3973 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Miscellaneous Case E021 of 2025

Judge

A Nyukuri

The Environment and Land Court struck out an application seeking stay and consolidation of subordinate court land matters, holding it lacked jurisdiction to order consolidation directly.

• Consolidation Of Suits
• Supervisory Jurisdiction
• Joinder Of Parties
• Access To Land
• Case Management
• Consolidation-of-suits

Mireri v Oyuko

Mireri v Oyuko [2024] KECA 1449 (KLR)

Court

Court of Appeal

Case number

Civil Application E110 of 2024

Judges

HM Okwengu, HA Omondi, JM Ngugi

The Court of Appeal granted a stay of execution pending appeal, finding the applicant raised an arguable issue and that execution risked rendering the appeal nugatory.

• Stay Of Execution
• Appeals Process
• Access To Land
• Balance Of Convenience
• Stay-of-execution
• Rule-5-2-b

Gichuhi (Suing on behalf of the Estate of Michael Gichuhi Muiru - Deceased) v Kenya National Highways Authority & another

Gichuhi (Suing on behalf of the Estate of Michael Gichuhi Muiru - Deceased) v Kenya National Highways Authority & another [2024] KEELC 5837 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E006 of 2023

Judge

BM Eboso

The Environment and Land Court ordered reinstatement of access to the suit land, finding the plaintiff met the threshold for a mandatory interlocutory injunction.

• Compulsory Acquisition
• Access To Land
• Mandatory Injunction
• Public Road Access
• Mandatory-injunction
• Access-to-land

Mpunge Investments Limited v Wiseborne Industries (K) Limited & another

Mpunge Investments Limited v Wiseborne Industries (K) Limited & another [2024] KEELC 4756 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E029 of 2023

Judge

JM Mutungi

The court declined to strike out an originating summons, finding the land dispute raised triable issues about access and enjoyment of the suit properties.

• Striking Out Pleadings
• Originating Summons
• Abuse Of Process
• Triable Issues
• Access To Land
• Ownership Disputes

Mae v Mahendani & 2 others; Anunda & 5 others (Interested Parties); Mogeni (Intended Interested Party)

Mae v Mahendani & 2 others; Anunda & 5 others (Interested Parties); Mogeni (Intended Interested Party) [2024] KEELC 4043 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 50 of 2022

Judge

FM Njoroge

The court found that the applicants failed to provide sufficient evidence to establish a nexus between their claimed 16 portions of land and the suit property. The applicants did not present plot numbers, sketches, or other documentation to demonstrate that their developments were located on the suit land or that the access road in question served their properties. Mere photographs and assertions were deemed inadequate. Consequently, the court held that the applicants had not demonstrated a recognizable stake or standing in the matter, and thus did not meet the threshold for joinder as intere…

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• Joinder Of Parties
• Interested Party Status
• Access To Land
• Burden Of Proof

Republic v Kenya National Highway Authority; Shayona Timber Limited (Exparte)

Republic v Kenya National Highway Authority; Shayona Timber Limited (Exparte) [2024] KEELC 1324 (KLR)

Court

Environment and Land Court

Case number

Judicial Review E005 of 2023

Judge

FM Njoroge

The court found that the respondent had not considered the applicant's request for access approval on its merits, but had deferred consideration due to a pending ownership dispute in the Court of Appeal. Judicial review is limited to examining the process, not the merits, of administrative decisions. Since no merits-based process or decision had occurred, there was nothing for the court to review for reasonableness or violation of natural justice. The respondent's communication to the applicant, explaining the deferral due to the pending appeal, was reasonable and did not amount to malice or…

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• Judicial Review
• Mandamus
• Public Authority Duties
• Access To Land
• Natural Justice
• Pending Appeal

Kamau & others v Njuguna & others

Kamau & others v Njuguna & others [2023] KEELC 21516 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 43 of 2023

Judge

YM Angima

The appellate court found that the Respondents, as trustees of the church and registered proprietors of the suit property, were entitled to enjoy all rights of ownership, including free and unobstructed access and frontage, irrespective of whether development permission for further construction had been granted. The Appellants' argument that such rights were contingent on development approval was rejected as unsound in law and unsupported by statutory authority. The court held that business licences issued by the County Government did not authorize the erection of semi-permanent structures on…

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• Proprietary Rights
• Access To Land
• Injunctive Relief
• Road Reserve Encroachment

Tisco Construction Limited v Kenya Railways Corporations & another

Tisco Construction Limited v Kenya Railways Corporations & another [2023] KEELC 20543 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition 10 of 2019

Judge

LN Mbugua

The court dismissed a petition alleging blockage of access to land beside the SGR, finding the petitioner had not proved the existence or legal class of the access road.

• Right To Property
• Access To Land
• Fair Administrative Action
• Burden Of Proof
• Right-to-property
• Access-to-land

Magak & 2 others v Achieng & 3 others

Magak & 2 others v Achieng & 3 others [2023] KEELC 19847 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E006 of 2023

Judge

E Asati

The court upheld a preliminary objection, finding the dispute was about boundaries of registered land and had to be determined first by the Land Registrar.

• Boundary Disputes
• Jurisdiction Of Land Court
• Role Of Land Registrar
• Preliminary Objection
• Access To Land
• Civil Costs

Mwangi & another v Mwangi & another

Mwangi & another v Mwangi & another [2023] KEHC 19537 (KLR)

Court

High Court

Case number

Civil Appeal E033 of 2021

Judge

J Wakiaga

The High Court found that the trial court did not err in refusing to review, modify, or set aside its order of March 2, 2021. The grounds for review under Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules were not met, as the alleged error was not apparent on the face of the record but would require detailed examination and reasoning. The existence of an appeal by the respondents further cast doubt on the availability of review. The trial court exercised its discretion judiciously, and the appellants' grievances were more appropriately matters for appeal,…

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• Review Of Court Orders
• Interlocutory Injunctions
• Judicial Discretion
• Access To Land
• Error Apparent On Record