Kenya Case Law

Odera & 6 others (Suing on their own and on behalf of all other members of the Kogony Community claiming registerable interests in the Land known as C/18 Scheme) v Akinyi & 5 others; Oim & 18 others (Interested Party); Otieno & 3 others (Applicant)

Odera & 6 others (Suing on their own and on behalf of all other members of the Kogony Community claiming registerable interests in the Land known as C/18 Scheme) v Akinyi & 5 others; Oim & 18 others (Interested Party); Otieno & 3 others (Applicant) [2025] KEELC 5233 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 146 of 2012

Judge

SO Okong'o

The court dismissed an application to review its earlier order, finding the 1st and 3rd applicants had not produced evidence proving ownership of the affected parcels.

• Review Of Court Orders
• Natural Justice
• Joinder Of Parties
• Land Title Cancellation
• Community Land Rights
• Review-of-court-orders

Odera & 6 others (Suing on their own and on Behalf of all other Members of the Kogony Community Claiming Registerable Interest in the Land known as C/18 Scheme) v Akinyi & 5 others; Oim & 18 others (Interested Party); Otieno & 21 others (Applicant)

Odera & 6 others (Suing on their own and on Behalf of all other Members of the Kogony Community Claiming Registerable Interest in the Land known as C/18 Scheme) v Akinyi & 5 others; Oim & 18 others (Interested Party); Otieno & 21 others (Applicant) [2025] KEELC 5225 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 146 of 2012

Judge

SO Okong'o

The court partly varied a 2022 land judgment, protecting some pre-suit landowners who were not heard, while dismissing claims by later purchasers.

• Community Land Rights
• Fraudulent Land Registration
• Joinder Of Parties
• Natural Justice
• Lis Pendens
• Review And Variation Of Judgment

Loyelei v Ekeno & 5 others

Loyelei v Ekeno & 5 others [2025] KEELC 4923 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E031 of 2022

Judge

CK Nzili

The court upheld the plaintiff’s title to the suit land, found the defendants’ community land and trust claim unproven, and awarded injunctions, eviction, and Kshs. 4 million in damages.

• Trespass To Land
• Community Land Rights
• Customary Trust
• Injunctions
• Land Registration
• Damages For Trespass

Chepng’ok & 3 others (Petitioning on Behalf of Members of the Ndorobo Community Registered as Kiboroa Self - Help Group) v National Land Commission & 4 others

Chepng’ok & 3 others (Petitioning on Behalf of Members of the Ndorobo Community Registered as Kiboroa Self - Help Group) v National Land Commission & 4 others [2025] KEELC 4681 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition 1(B) of 2024

Judge

CK Nzili

The court held that the Ndorobo petition raised constitutional issues and that the National Land Commission had delayed unreasonably, but declined to order land allocation.

• Historical Land Injustice
• Community Land Rights
• Minority And Marginalized Groups
• Legitimate Expectation
• Fair Administrative Action
• Resettlement Of Landless

Mbwana v Principal Secretary, Ministry of Lands and Physical Planning & 5 others

Mbwana v Principal Secretary, Ministry of Lands and Physical Planning & 5 others [2025] KEELC 4154 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E036 of 2021

Judge

FM Njoroge

The court found that the Petitioner failed to comply with clear and reasonable court directions requiring the filing of written submissions and proof of service on the 2nd Respondent. Despite sufficient notice and time, the Petitioner did not act or provide any explanation for the default. The court emphasized that compliance with court orders is essential for the proper functioning of the judicial process and that non-compliance leads to unnecessary delays and undermines justice. As a result, the Petition was not diligently prosecuted, and in accordance with the prior warning, the Petition w…

Source excerpt

• Community Land Rights
• Land Adjudication
• Failure To Comply With Court Orders
• Right To Equality
• Historical Land Injustice

Mwakireti & 4 others v Kenya Wildlife Service & 6 others; Washumbu (DA) Company Limited & 3 others (Interested Parties)

Mwakireti & 4 others v Kenya Wildlife Service & 6 others; Washumbu (DA) Company Limited & 3 others (Interested Parties) [2025] KEELC 3746 (KLR)

Court

Environment and Land Court

Case number

Petition E009 of 2024

Judge

EK Wabwoto

The court found that it had jurisdiction to hear the petition, as the reliefs sought could not be granted by alternative forums. On the issue of public participation, the court determined that the 1st Respondent had provided sufficient evidence of community engagement forums and that the Petitioners were not excluded from participating. The court held that the threshold for public participation was met, referencing both constitutional provisions and case law. Regarding the alleged violation of constitutional rights, the court found that the Petitioners failed to provide adequate evidence that…

Source excerpt

• Community Land Rights
• Public Participation
• Historical Land Injustice
• Environmental Management
• Minority And Marginalised Rights
• Human Wildlife Conflict

Bomu & 9 others (Suing on behalf of all the 5190 members of Ihaleni Community Based Organization (CBO)) v Kindimba Limited & 6 others

Bomu & 9 others (Suing on behalf of all the 5190 members of Ihaleni Community Based Organization (CBO)) v Kindimba Limited & 6 others [2025] KEELC 3123 (KLR)

Court

Environment and Land Court

Case number

Petition 15 of 2015

Judge

MAO Odeny

The Petitioners failed to provide sufficient evidence to establish their proprietary interest in the suit land, whether based on ancestral claims, historical injustice, or trust land status, while the 2nd Respondent demonstrated valid freehold title to the property.

Source excerpt

• Historical Land Injustice
• Ancestral Land Claims
• Trust Land
• Community Land Rights
• Right To Property
• Land Registration

Taireni Association of Mijikenda v County Government of Kwale & 3 others

Taireni Association of Mijikenda v County Government of Kwale & 3 others [2025] KEELC 3275 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E006 of 2024

Judge

LL Naikuni

The court struck out a petition by an unincorporated association for lack of capacity and dismissed its injunction application over LR No 14211 in Kwale.

• Community Land Rights
• Locus Standi
• Temporary Injunctions
• Capacity To Sue
• Public Land Management
• Locus-standi

Yaa alias Bengi & 42 others v Ziro alias Kibogoyo & 18 others

Yaa alias Bengi & 42 others v Ziro alias Kibogoyo & 18 others [2025] KEELC 2867 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition 11 of 2021

Judge

FM Njoroge

The Petition was dismissed because the Petitioners failed to sufficiently demonstrate with material proof if their rights under the various articles of the Constitution they cited were actually infringed or threatened to be infringed, and the actions of the 14th -18th Respondents were found not to have violated Article 47 as they were likely facilitating dispute resolution rather than acting without jurisdiction.

Source excerpt

• Community Land Rights
• Group Ranch Membership
• Fair Administrative Action
• Eviction And Possession
• Dispute Resolution Mechanisms

Mwirichia & 2 others (Being the Chairman, Vice- Chairman and Secretary of Golden Gate Estate East Wing Court) v Masera Kenya Limited & 7 others

Mwirichia & 2 others (Being the Chairman, Vice- Chairman and Secretary of Golden Gate Estate East Wing Court) v Masera Kenya Limited & 7 others [2025] KEELC 2843 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E520 of 2024

Judge

JG Kemei

The court granted the temporary injunction because the Plaintiffs established a prima facie case regarding the alleged community open spaces and environmental rights, damages would not be a sufficient remedy if the land were developed, and the balance of convenience tilted in favour of preserving the suit land pending the substantive hearing to avoid rendering the suit nugatory.

Source excerpt

• Temporary Injunctions
• Community Land Rights
• Title Registration Disputes
• Open Spaces And Public Land
• Environmental Protection
• Trusteeship Of Land