Kenya Case Law

Kipyegen (Suing for and on behalf of the Estate of the Late Obadiah Kipyegon Kimasas) v Chesaina & another

Kipyegen (Suing for and on behalf of the Estate of the Late Obadiah Kipyegon Kimasas) v Chesaina & another [2025] KEELC 5454 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 167 of 2017

Judge

MAO Odeny

The court found that the defendants failed to prove, on a balance of probabilities, that the plaintiff (deceased) held the suit land in trust for them. The evidence did not establish any express, constructive, or resulting trust, nor was there credible proof of a sale or purchase price paid by the defendants. The plaintiff's title, registered in 1984, was not challenged on grounds of fraud or illegality, and the root of title was sufficiently established. The defendants' long-term occupation and familial relationship did not, in themselves, create a trust or override the plaintiff's registere…

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• Eviction Orders
• Trusts In Land
• Registration Of Title
• Permanent Injunction
• Counterclaim Dismissal

Oteba (Suing as the Administrator and Legal Representative of the Estate of Elijah Oteba Alfayo - Deceased) v Amaid & 2 others

Oteba (Suing as the Administrator and Legal Representative of the Estate of Elijah Oteba Alfayo - Deceased) v Amaid & 2 others [2025] KEELC 5342 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 103 of 2013

Judge

BN Olao

The court dismissed an unopposed motion seeking exhumation and contempt orders, holding that the burial site was not the subject of the earlier judgment and contempt was not proved.

• Eviction Orders
• Contempt Of Court
• Exhumation Applications
• Injunctive Relief
• Contempt-of-court
• Exhumation

Sewe v Ogutu

Sewe v Ogutu [2025] KEELC 5380 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E022 of 2022

Judge

AE Dena

The court found that there was significant doubt as to whether the defendant was properly served with the originating summons and other court documents, as required by law and the court's own directions. The affidavits of service did not conclusively establish that service was effected on the defendant's last known or used telephone number, nor was there confirmation from the service provider that the number belonged to the defendant. The court emphasized that personal service is the preferred mode, and in its absence, the right to be heard was compromised. Even if the judgment was regular, t…

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• Service Of Process
• Ex Parte Judgment
• Setting Aside Judgment
• Adverse Possession
• Res Judicata
• Eviction Orders

Njoki & another v Goko

Njoki & another v Goko [2025] KEELC 5404 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E077 of 2025

Judge

JG Kemei

The court held that the Appellants failed to file a Memorandum of Appeal within the statutory period and did not formally seek leave to file an appeal out of time in their application. The court emphasized that an affidavit is not a pleading and cannot be used to seek substantive orders such as leave to appeal out of time. Without a properly filed Memorandum of Appeal and a formal prayer for extension of time, there is no appeal before the court for determination. Consequently, the application to deem the annexed Memorandum of Appeal as duly filed was dismissed. Further, since no appeal was p…

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• Appeal Out Of Time
• Stay Of Execution
• Memorandum Of Appeal Filing
• Procedural Lapse
• Eviction Orders

Wanyonyi v Nyongesa & 6 others

Wanyonyi v Nyongesa & 6 others [2025] KEELC 5328 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 2 of 2023

Judge

CK Nzili

The court found the plaintiff proved title and immediate possession of the land, held the defendants trespassed, and granted injunction and eviction orders.

• Trespass To Land
• Eviction Orders
• Title Registration
• Right To Property
• Trespass-to-land
• Eviction-orders

Ogutu v Opere

Ogutu v Opere [2025] KEELC 5235 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E029 of 2023

Judge

SO Okong'o

The Environment and Land Court dismissed an application for stay of execution pending appeal, finding unexplained delay and no shown substantial loss.

• Stay Of Execution
• Eviction Orders
• Substantial Loss
• Security For Due Performance
• Stay-of-execution
• Substantial-loss

Ethics and Anti-Corruption Commission v Njuguna & 4 others

Ethics and Anti-Corruption Commission v Njuguna & 4 others [2025] KEELC 5153 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 184 of 2010

Judge

JO Olola

The court struck out the 5th defendant’s defence and counterclaim for raising no triable issue, but declined to order eviction before ownership is finally determined.

• Striking Out Of Defence
• Adverse Possession
• Limitation Of Actions
• Eviction Orders
• Striking-out-of-defence
• Adverse-possession

Mware v Ajode

Mware v Ajode [2025] KEELC 5232 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E010 of 2025

Judge

E Asati

The Environment and Land Court granted a conditional stay of execution pending appeal, finding substantial loss and no unreasonable delay, subject to KES 150,000 security.

• Stay Of Execution
• Eviction Orders
• Security For Due Performance
• Substantial Loss
• Appeals Process
• Stay-of-execution

Kandiro v Land Registrar, Laikipia County & 4 others

Kandiro v Land Registrar, Laikipia County & 4 others [2025] KEELC 5116 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E014 of 2023

Judge

LN Mbugua

The Environment and Land Court allowed an appeal, found the title cancellation unsupported by due process, set aside the trial judgment, and ordered rectification of the register.

• Rectification Of Land Register
• Fraudulent Title Cancellation
• Powers Of Land Registrar
• Procedural Fairness
• Burden Of Proof
• Eviction Orders

Nderitu v Muhotetu Farmers Company Ltd & another

Nderitu v Muhotetu Farmers Company Ltd & another [2025] KECA 1227 (KLR)

Court

Court of Appeal

Case number

Civil Application E135 of 2024

Judges

S ole Kantai, JW Lessit, AO Muchelule

The Court of Appeal held that while the applicant raised arguable issues on appeal, including the application of lis pendens and proprietary estoppel, he failed to demonstrate that the intended appeal would be rendered nugatory if stay was not granted. The property in question had been sold and transferred to the 2nd respondent over ten years prior, and the 2nd respondent was in actual possession as the registered owner. The applicant did not challenge these facts or show that he would suffer irreparable harm that could not be compensated by damages. The court found that there was nothing lef…

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• Stay Of Execution
• Proprietary Estoppel
• Lis Pendens
• Mesne Profits
• Eviction Orders