Kenya Case Law

Siundu v Angote & another; Kenya Legal Defence Fund for Human Rights (Interested Party)

Siundu v Angote & another; Kenya Legal Defence Fund for Human Rights (Interested Party) [2025] KEELC 4808 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E010 of 2023

Judge

CK Nzili

The court found that the Kenya Legal Defence Fund for Human Rights had not demonstrated an identifiable stake, legal interest, or that it would be affected by the outcome of the appeal. The applicant's role as a provider of legal aid to the appellant did not, in itself, justify its joinder as an interested party. The court emphasized that joinder is discretionary and requires a clear legal interest or stake in the proceedings, which the applicant failed to establish. The applicant's partisanship and lack of proximity to the substantive issues in the appeal further militated against its joinde…

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• Joinder Of Parties
• Interested Party Status
• Appeals Procedure
• Eviction Disputes

MKS v MOW & another

MKS v MOW & another [2025] KEHC 6081 (KLR)

Court

High Court

Case number

Family Cause E020 of 2024

Judge

CJ Kendagor

The court found that the applicant established a prima facie case with a probability of success based on evidence of cohabitation, alleged customary marriage, and contributions to the development of the suit property, which were not adequately rebutted by the respondents. However, the court was not satisfied that the applicant would suffer irreparable harm incapable of compensation by damages if the injunction was not granted, as she was no longer in possession of the property. Nonetheless, due to the rapid sequence of property dealings by the respondents and the risk of further alienation, t…

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• Cohabitation Rights
• Constructive Trust
• Beneficial Interest
• Injunctive Relief
• Eviction Disputes

Kimani v Kimani

Kimani v Kimani [2025] KECA 658 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) 089 of 2024

Judge

PM Gachoka

The Court of Appeal extended time for Andrew Kimani to file an appeal, finding he was not notified of the judgment date and had acted after learning of it.

• Extension Of Time
• Notice Of Judgment
• Appeal Timelines
• Eviction Disputes
• Extension-of-time
• Appeal-timelines

Said & another v Nderitu; County Government of Kilifi & 3 others (Interested Parties)

Said & another v Nderitu; County Government of Kilifi & 3 others (Interested Parties) [2025] KEELC 3042 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 18 of 2023

Judge

FM Njoroge

The Environment and Land Court dismissed an appeal challenging a ruling on res judicata, holding that disputed facts about the plot and occupation meant the objection could not be resolved as a pure point of law.

• Res Judicata
• Preliminary Objection
• Pleadings Analysis
• Eviction Disputes
• Res-judicata
• Preliminary-objection

Wanjiku v Wainaina & 2 others

Wanjiku v Wainaina & 2 others [2024] KEELC 13348 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 498 of 2015

Judge

AA Omollo

The court set aside an earlier judgment and reopened the defence case, but imposed conditions and awarded thrown-away costs to the plaintiff.

• Setting Aside Judgment
• Stay Of Execution
• Leave To Defend
• Eviction Disputes
• Title To Land
• Setting-aside-judgment

Kitheka v County Director of Housing - Mombasa County

Kitheka v County Director of Housing - Mombasa County [2024] KEELC 13517 (KLR)

Court

Environment and Land Court

Case number

Civil Appeal E031 of 2023

Judge

LL Naikuni

The court granted a stay of proceedings and related orders pending appeal, finding the appeal arguable and the application timely. Joinder was left unexamined.

• Stay Of Proceedings
• Joinder Of Parties
• Government Housing Allocation
• Eviction Disputes
• Injunctive Relief
• Stay-of-proceedings

Wachira v Maina & 3 others

Wachira v Maina & 3 others [2024] KEHC 14150 (KLR)

Court

High Court

Case number

Civil Appeal E001 of 2024

Judge

DKN Magare

The High Court struck out a Small Claims Court suit, holding that the dispute involved land occupation and alleged criminal conduct beyond that court’s jurisdiction.

• Jurisdiction Of Small Claims Court
• Eviction Disputes
• Damages For Loss Of Property
• Special Damages Pleading
• Costs Award
• Unlawful Occupation

Wanjiku v Ng’ang’a

Wanjiku v Ng’ang’a [2024] KEELC 7472 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 57 of 2015

Judge

AA Omollo

The court found that the status quo order issued on 22nd May, 2024 was still in force at the time of the alleged contempt, as it was to subsist pending the hearing and determination of the relevant application. However, the court determined that the Respondent was not in physical possession of the suit property and that, although she attempted to evict the Applicant and advertised the property for rent, these actions did not result in a change of the status quo. The Applicant had not been evicted, and the standard of proof required for contempt—higher than the balance of probabilities—had not…

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• Contempt Of Court
• Status Quo Orders
• Eviction Disputes
• Interlocutory Injunctions

Ndege v Mutarura & another

Ndege v Mutarura & another [2024] KEELC 6627 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E010 of 2023

Judge

MD Mwangi

The Environment and Land Court set aside a BPRT ruling, holding the tribunal lacked jurisdiction after the landlord-tenant relationship had ended.

• Controlled Tenancy
• Jurisdiction Of Tribunal
• Procedural Fairness
• Eviction Disputes
• Controlled-tenancy
• Tribunal-jurisdiction

Mbogo v Mwangi & 2 others

Mbogo v Mwangi & 2 others [2024] KEMSET 1050 (KLR)

Court

Micro and Small Enterprises Tribunal

Case number

Tribunal Case E001 of 2024

Judges

J.Bett, R.Katina, J.Were, A Gikuya, A Kibet, JK Biwott

The Tribunal held that the claimant was not a current association member, so he had no enforceable right to the worksite. It declined eviction and compensation.

• Worksite Allocation
• Membership Rights
• Association Governance
• Eviction Disputes
• Worksite-allocation
• Association-membership