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Kenya decisions
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New Nzaui Farmers Co-operative Society Limited v Muange [2025] KEELC 5142 (KLR)
The Environment and Land Court allowed an appeal over a disputed Matiliku Market plot, set aside the Tribunal decision, and awarded Kshs.200,000 in damages for trespass.
Njeri (Suing as the Legal Personal Representative of the Estate of Njeri Ngugi) v County Land Adjudication & Settlement Officer, Trans Nzoia & 2 others; Chemnjor (Interested Party) [2025] KEELC 5126 (KLR)
The court found that the petitioner, as the legal representative of the estate of Njeri Ngugi, had locus standi to bring the petition. The doctrine of res judicata did not apply because the prior proceedings before the panel of elders and the lower court did not conclusively determine the constitutional issues raised, nor were the respondents parties to those proceedings. The court held that the exhaustion doctrine was not a bar since the respondents failed to demonstrate the efficacy of alternative remedies under the Land Adjudication Act and Community Land Act, and the petition raised const…
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Jillo & 2 others v Duba [2025] KEELC 5172 (KLR)
The appeal turned on whether the subordinate court had jurisdiction to determine a dispute over land that was under adjudication without the written consent of the Land Adjudication and Settlement Officer, as required by Section 30(1) of the Land Adjudication Act. The appellate court found that both parties had placed evidence before the trial court confirming the suit land was within an adjudication section and that no such consent had been obtained. The court held that the statutory bar under Section 30(1) is mandatory and jurisdictional, rendering any proceedings and orders made without co…
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Cheboiywo & 5 others v Chirchir & 2 others [2025] KEELC 4963 (KLR)
The court granted a conditional stay of execution pending appeal, ordered security of Kshs. 2,000,000, set timelines for the appeal, and declined review.
Gakii v Wamai [2025] KEELC 4891 (KLR)
The appellate court found that the appellant had established a clear and credible chain of title to plot Chechelesi/366, supported by documentary evidence and expert testimony from the county physical planner and surveyor. The respondent failed to authenticate his documents or call relevant witnesses, and his documentation was found to be inconsistent with official records. The trial magistrate erred by disregarding uncontroverted expert evidence, misapprehending the evidence on record, and misapplying the doctrine of first-in-time to unauthentic documents. The appellate court held that the t…
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Muemа v Mwende & another [2025] KEELC 4164 (KLR)
The appellate court found that the trial magistrate erred in granting relief to the 1st respondent because the evidence demonstrated that plot 3295 did not exist on the ground and was only present on the map, while plot 3294, occupied by the appellant since 2011, was the actual plot on the ground. The 1st respondent had never been in possession of plot 3295, and the appellant had established both possession and prior allocation of plot 3294. The court held that trespass is actionable by the party in possession, not merely by the allottee or owner, and that the 1st respondent's claim for tresp…
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Macharia (Suing on her own Behalf and on Behalf of the Estate of Fredrick Kirima Kamau) & 2 others v Mwenda & 2 others [2025] KEELC 3961 (KLR)
The court found that the plaintiffs failed to establish a valid root of title to the suit property. The letters of allocation relied upon by the plaintiffs did not specifically refer to both initial plaintiffs or to the suit parcel LR No. 209/11092/15 (Nairobi Block 37/74). The evidence did not demonstrate that the property was ever allocated to Fredrick Kirima Kamau and Samuel Ndei Kamau jointly, nor did it show a clear chain of allotment leading to the plaintiffs. The court held that, despite the lack of a defence from the 1st defendant, the plaintiffs bore the burden of proof and failed to…
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Mwanzo Building Mart Limited & 5 others v Embakasi Ranching Company Limited & another [2025] KEELC 3187 (KLR)
The Plaintiffs successfully established their lawful acquisition of the suit properties from the 1st Defendant through documented non-member certificates, payment receipts, and possession, which was not rebutted by the Defendants.
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Nyoka v Lonza & another [2025] KEMC 56 (KLR)
The court held that the plaintiff had the better claim to Plot No. Uns Resd Plot 16, finding the later allocation invalid and granting injunction and declaration.
Ngure v Embakasi Ranching Company Limited & 4 others [2025] KEELC 3380 (KLR)
The court held that the plaintiff proved prior allocation and entitlement to two parcels, and ordered possession, injunctive relief, and title issuance.
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