Kenya Case Law

M’Nkanatha & 3 others v M’Mbui

M’Nkanatha & 3 others v M’Mbui [2025] KEELC 5020 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E036 of 2025

Judge

JO Mboya

The court found that the applicants failed to satisfy the mandatory requirements for a stay of execution pending appeal, namely, demonstrating sufficient cause, substantial loss, and willingness to provide security for due performance. The applicants did not provide evidence of a prima facie stake in the suit property, as they had not filed any substantive suit to establish their claim of trust or family land. The court further held that the applicants did not substantiate the alleged risk of substantial loss, nor did they offer to provide security. Regarding the order of inhibition, the cour…

Source excerpt

• Stay Of Execution
• Inhibition Orders
• Family Land Trusts
• Removal Of Caution
• Prima Facie Case
• Security For Due Performance

Khan v Begum & another

Khan v Begum & another [2025] KEHC 10365 (KLR)

Court

High Court

Case number

Miscellaneous Application E073 of 2025

Judge

SM Mohochi

The High Court at Nakuru allowed an unopposed application for leave to appeal out of time, stay of execution, and inhibition over land pending appeal.

• Extension Of Time
• Stay Of Execution
• Supervisory Jurisdiction
• Succession Shares
• Inhibition Orders
• Extension-of-time

In re Estate of Joram Kigia (Deceased)

In re Estate of Joram Kigia (Deceased) [2025] KEHC 6992 (KLR)

Court

High Court

Case number

Succession Cause 1073 of 2001

Judge

SN Riechi

The High Court dismissed an application to stop subdivision and seek accounts in a succession cause, holding the estate had already been administered and the requests were overtaken by events.

• Administration Of Estates
• Confirmation Of Grant
• Distribution Of Estate
• Inhibition Orders
• Accounting By Administrator
• Succession-law

Ndungu & another v Kamau (Suing as an Administrator to the Estate of Damaris Wanjiku - Deceased) & another

Ndungu & another v Kamau (Suing as an Administrator to the Estate of Damaris Wanjiku - Deceased) & another [2025] KEELC 3922 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E006 of 2024

Judge

MN Gicheru

The court granted a limited inhibition order preserving the suit land pending appeal, finding no unreasonable delay and no need for security.

• Stay Of Execution
• Inhibition Orders
• Appeal Procedure
• Alienation Of Land
• Stay-of-execution
• Inhibition-order

Okwaro v Okwaro & 3 others

Okwaro v Okwaro & 3 others [2025] KEELC 3768 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E013 of 2025

Judge

BN Olao

The court granted inhibition over disputed family land after unopposed allegations of fraudulent subdivision, forgery, and dealings without letters of administration.

• Fraudulent Land Subdivision
• Inhibition Orders
• Succession And Estate Administration
• Land Registration
• Prohibitory Injunctions
• Inhibition-orders

Ondieki v Angwenyi & 2 others; Omwoyo Auctioneers (Interested Party)

Ondieki v Angwenyi & 2 others; Omwoyo Auctioneers (Interested Party) [2025] KEELC 3811 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 942 of 2016

Judge

M Sila

The court struck out a post-judgment application seeking to vest auctioned land in a purchaser and lift inhibitions, citing prior rulings and missing affidavits.

• Public Auction Of Land
• Execution Of Judgment
• Transfer Of Title
• Inhibition Orders
• Judgment Enforcement
• Public-auction-of-land

Maina v Kamau & another

Maina v Kamau & another [2025] KEHC 4901 (KLR)

Court

High Court

Case number

Civil Appeal E005 of 2025

Judge

EM Muriithi

The High Court granted inhibition orders preserving estate land pending appeal, finding the appeal filed in time and raising an arguable succession dispute.

• Succession Disputes
• Preservation Of Estate
• Inhibition Orders
• Appeal Timelines
• Standing Of Beneficiaries
• Injunction Pending Appeal

Ngatia v Mwaniki

Ngatia v Mwaniki [2025] KEELC 4522 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 2081 of 2007

Judge

JG Kemei

The court dismissed a post-judgment application to lift an inhibition on land, holding the interim orders had lapsed when judgment was delivered.

• Inhibition Orders
• Land Registration
• Functus Officio
• Post Judgment Applications
• Inhibition-orders
• Land-registration

Orega alias Grison Oloo v Otieno (Sued as the Legal Representative of Administratrix of the Estate of Ogolo Ondome alias Samson Ogollo)

Orega alias Grison Oloo v Otieno (Sued as the Legal Representative of Administratrix of the Estate of Ogolo Ondome alias Samson Ogollo) [2025] KEELC 3349 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E002 of 2024

Judge

FO Nyagaka

The court found that both parties sought preservation of the suit property, with the respondent expressly requesting maintenance of the status quo and the applicant seeking both injunction and inhibition. The court determined that the appropriate remedy at this interlocutory stage was to grant orders mutually sought by both parties, specifically an order of inhibition against dealings with the land and a status quo order preserving the current occupation and use of the property. The court held that granting a temporary injunction or further orders would be subsumed by the status quo order, wh…

Source excerpt

• Temporary Injunctions
• Status Quo Orders
• Land Occupation Disputes
• Inhibition Orders

Matoke & another v Matoke & 2 others

Matoke & another v Matoke & 2 others [2025] KEELC 3162 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E007 of 2025

Judge

M Sila

The court issued an order of inhibition and an injunction to preserve the suit land and maintain the status quo pending the hearing and determination of the substantive suit, as the application was unopposed and the allegations of fraudulent transfer needed to be investigated.

Source excerpt

• Injunctions
• Inhibition Orders
• Fraudulent Land Transfer
• Rectification Of Register