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Kenya decisions
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Mwakalu & 3 others v Munga & 4 others [2025] KEELC 5071 (KLR)
The Environment and Land Court at Malindi upheld an adverse possession claim over Kilifi/Pingilikani/1005, finding long, open occupation had extinguished the respondents’ title.
Osman & 164 others (Suing on Their Behalf and Behalf of Residents of Merti Sub-County, Chari, and Cherab Wards in Isiolo County) v Northern Rangelands Trust & 8 others [2025] KEELC 99 (KLR)
The establishment and operation of community conservancies on unregistered community land in Chari and Cherab wards without due public participation, without proper legal and regulatory compliance, and without adequate involvement and facilitation by the tasked government agencies, constitute a violation of the Petitioners' constitutional rights to land, property, and fair administrative action, rendering the establishment and operation of these conservancies illegal and unconstitutional.
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Ndurya (Suing as a Legal Representative of the Estate of Alex Ndurya Boma (Deceased)) v Kenya Railways Corporation & 5 others [2024] KELAT 1660 (KLR)
The Tribunal found that the estate of Alex Ndurya Boma was the bona fide owner of the disputed parcels of land, as established through a credible traditional dispute resolution process involving local administration and community elders. The absence of formal title or registration did not preclude compensation, as the law recognizes customary and ancestral land rights and mandates equal protection for all tenure systems under Article 40(3) of the Constitution and the Land Act. The National Land Commission's failure to effect payment, despite clear evidence of ownership and a directive to pay,…
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Gunda (Suing as a legal representative of the Estate of banzi Gunda Banzi (Deceased) v Kenya Railways Corporation & another [2024] KELAT 677 (KLR)
The Tribunal ordered compensation for compulsory acquisition of unsurveyed land after finding the deceased owner was duly identified and payment was wrongly withheld.
Paul Kianji Thitwa v James M’Igweta, Monica Marindi & James Muthiora [2019] KEELC 3001 (KLR)
The court dismissed a land ownership suit over adjudication land, holding the plaintiff should have used the statutory objection process under the Land Adjudication Act.
Julius Kiriga Mungania, Charles Muindi Gituma, Sisto Maranguria Migwi & Mutiga Migwi v District Land Adjudication and Settlement Officer Tharaka District, Permanent Secretary, Ministry of Lands, Attorney General & County Government of Tharaka Nithi [2018] KEELC 2517 (KLR)
The court found that the petitioners established, on a balance of probabilities, that the actions of the 1st and 4th respondents in re-demarcating and allocating land in Chiakariga 'B' Adjudication Section were unconstitutional, arbitrary, and wrongful. The respondents failed to controvert the petitioners' claims regarding environmental degradation, destruction of community shrines, and exclusion of public participation. The court held that the adjudication process did not meet the constitutional threshold for transparency, public participation, and protection of community land and cultural s…
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Bernard Wambu Ndegwa v Charles Ndegwa Muchoki [2018] KEELC 3059 (KLR)
The Environment and Land Court at Nyeri transferred this land dispute to Karatina Senior Principal Magistrate’s Court, finding the lower court had jurisdiction.
David Mutiso Mukwilu, Pius Mukwilu Muli & John Ngungu Mbangu v Francis Kyengo Kaloki, Philomena Wanzila Kamia & Christine Nzula Makenzi [2017] KEELC 3240 (KLR)
The court dismissed a family land dispute, holding that completed land adjudication and determined objections could not be reopened years later.
Washe Mwalimu Majengo, Mshele Mwalimu Majengo & Mwatata Kafumo Washe v Mwalimu Mwangoto Nguyete [2017] KEELC 3686 (KLR)
The court struck out an adverse possession suit over unadjudicated, unregistered land, holding that no extract of title was filed and adjudication consent was required.
Bernard Njeru Kabunga & Zakayo Kithuka Kathiga v Justus Kirugi Inchunga,Jacob Nthiga Ruaria & Judith Kairo [2016] KEHC 6741 (KLR)
The court granted a temporary injunction stopping the defendants from entering or cultivating the disputed land, after they failed to file submissions despite extensions.
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