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Kenya decisions
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Nthiiri & 16 others v Muchungu & 12 others [2025] KECA 559 (KLR)
The Court of Appeal upheld a finding that registration of Mbeti/Gichuriri/172 in the name of Gekara Group Ranch was fraudulent and dismissed the appeal with costs.
Kironua & 8 others v Director Land Adjudication & Settlement & 2 others; Siamito & 7 others (Interested Parties) [2024] KEELC 6318 (KLR)
The court found that Mr. Samson Nyaberi, who purported to represent the Interested Parties, had not filed a Notice of Appointment and admitted to lacking instructions from the Interested Parties at the time the consent orders were entered. The court further noted that the Respondents were not served or present when the consent was recorded, rendering the orders irregular. The absence of proper representation and instructions meant that the consent orders could not validly bind the Interested Parties or the Respondents. Consequently, the court held that the consent orders issued on 26th Octobe…
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Sironka (Suing on His own Behalf and on Behalf of All Members of Ilpartimaru Group Ranch) v Murre & 4 others [2024] KEELC 6192 (KLR)
The court dismissed a group ranch land dispute and a counterclaim, finding the plaintiffs had not proved a fair allocation process or a basis to compel transfers.
Director Land Adjudication & Settlement, Narok & 2 others v Koirak & 8 others; Loonkushu & 9 others (Interested Parties) [2024] KEELC 4945 (KLR)
The court found that the preliminary objection on res judicata could not be determined as a pure point of law because it required the court to ascertain facts outside the pleadings, which is not permissible at the preliminary stage. The application for a temporary injunction and for the Land Adjudication Officer to resolve disputes was dismissed because the applicants failed to provide sufficient evidence of unresolved disputes within the Naroosura Group Ranch. The court held that the applicants, as custodians of adjudication records, bore the burden of demonstrating the existence and extent…
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Pareiyo & another (Suing on behalf of the Estate of the Late Senet Ole Pareiyo) & another v Ntanya & 2 others (Sued in their own capacity and as Chairman, Secretary and Treasurer of Ratia Group Ranch 21A & 30B of Entontol Location) & 2 others [2024] KEELC 1172 (KLR)
The court found that the preliminary objection raised by the 1st defendants did not meet the threshold of a pure point of law, as the issues of pecuniary jurisdiction and applicability of Section 30 of the Land Adjudication Act required factual ascertainment, such as the value of the land and the status of land adjudication processes. The absence of a valuation report and the nature of the plaintiffs' claim, which was for an injunction rather than a monetary claim, further undermined the objection. The court also noted that the 1st defendant's own pleadings admitted the property had ceased to…
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Paika & 27 others v Nkipapai & 17 others; National Land Commission (Interested Party) [2023] KEELC 21570 (KLR)
The court granted an interlocutory injunction and access-to-information orders in a group ranch land dispute, finding a prima facie case and entitlement under Article 35.
Simon v Simon [2023] KEELC 20195 (KLR)
The court upheld the appeal, found the appellant’s title to L.R.No. Transmara/Shartuka/1584 lawful, and rejected the respondent’s trespass claim.
Koilel (Suing as the Legal Representative of the Estate of Parmeres Ole Koilel) v Moshoro Group Ranch & 12 others [2023] KEELC 18758 (KLR)
The court dismissed a preliminary objection in a group ranch land dispute, holding that section 47 of the Community Land Act did not bar the suit and that it had jurisdiction.
Munga & another v Muganda & 9 others [2022] KEELC 14588 (KLR)
The Environment and Land Court struck out an application over plot 794, holding the applicants had not exhausted statutory land-adjudication remedies and the court lacked jurisdiction.
Chaka Gwaru Muhambi v Mupa Munga [2022] KEELC 245 (KLR)
The court upheld Group Ranch decisions confirming the plaintiff’s right to use disputed land and ordered the defendant to give vacant possession, with a permanent injunction issued.
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