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Kenya decisions
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M’eruaki v District Land Adjudication Officer Igembe District & 2 others; M’liria (Interested Party) [2025] KEELC 5366 (KLR)
The Environment and Land Court marked a withdrawn post-judgment motion in a concluded judicial review case and ordered the withdrawing applicant to bear costs.
Yulu v Minister Housing and Land ‘thro’ the County Commissioner Kilungu Subcounty; Nzamalu (Interested Party) [2025] KEELC 5255 (KLR)
The Environment and Land Court dismissed a judicial review challenge to a ministerial land-adjudication appeal, finding no illegality, irrationality, or procedural impropriety.
Mugwika (Suing through his Next Friend- Mwitaiti Misheck Kimathi) v Mbuihi & 3 others [2025] KEELC 5357 (KLR)
The court found that the plaintiff failed to prove he was entitled to 26.70 acres upon finalization of the land adjudication process, as the only credible evidence showed he was adjudicated 10.33 acres. The plaintiff did not utilize statutory mechanisms under the Land Adjudication Act to challenge the adjudication register or appeal the decision. There was no evidence of post-registration excision, collusion, or fraud by the defendants; the impugned parcels were products of the original adjudication, and the first registered proprietors were not joined as parties. The plaintiff's claim was al…
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Mutuku v Deputy County Commissioner Kilungu & 2 others; Mutuku (Interested Party) [2025] KEELC 5277 (KLR)
The Environment and Land Court dismissed a judicial review challenge to a Minister’s land adjudication appeal, finding no illegality, irrationality, or procedural impropriety.
Balach v Land Registrar, Trans-Mara Sub-County & 6 others [2025] KEELC 5286 (KLR)
The court found that the petition, though couched in constitutional language, was essentially a factual dispute over the implementation of land adjudication and ministerial decisions, not a genuine constitutional issue. The petitioner failed to demonstrate that the 1st to 5th respondents acted arbitrarily or abused their administrative powers, or that the disputed 37 acres were ever part of the land awarded to him in the adjudication process. No evidence of fraud, mistake, or administrative misdirection was presented to justify rectification of the land register under Section 80 of the Land R…
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Bargochut v Birir & 13 others [2025] KEELC 5316 (KLR)
The court found that the Petitioner failed to specifically plead and strictly prove fraud as required by law. The evidence presented—copies of the green card and official searches—did not establish any fraudulent acts or collusion by the Respondents. The Petitioner did not demonstrate that she had a registered, beneficial, or otherwise legally recognized interest in the suit land, nor did she provide any grant of letters of administration or confirmation of grant to show authority to act on behalf of her late father’s estate. The court held that Article 40 protection is limited to lawfully ac…
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Kassim v Sandhu [2025] KEELC 5199 (KLR)
The Environment and Land Court dismissed an out-of-time appeal over Kisumu land ownership, holding the suit time-barred and the fraud claim unproved.
Mailu (Suing as the Legal Representative of the Estate of Mailu Mulinge - Deceased) v Deputy County Commissioner Mukaa Sub- County & 2 others; Kikole (Interested Party) [2025] KECA 1193 (KLR)
The Court of Appeal granted an application for extension of time to file a notice and memorandum of appeal, finding the delay explained and not inordinate.
Republic v Deputy County Commissioner – Tigania East Sub-County; Mamira (Interested Party); M’chokera (Exparte Applicant) [2025] KEELC 5093 (KLR)
The court quashed a ministerial land-adjudication appeal decision for failing to determine the appeal on its merits and ordering family deliberations instead.
Ruunci [Suing as the Legal Administrator of the Estate of M’Ikiao M’Thiriombe] ([Suing as the Legal Administrator of the Estate of M’Ikiao M’Thiriombe]) v Land Adjudication & Settlement Officer (Karama Adjudiction Section) & another; Makena & another (Interested Parties) [2025] KEELC 5025 (KLR)
The court found that the petition and application were barred by the doctrine of res judicata, as the issues raised had already been determined in previous judicial review proceedings (Meru ELC JR 19 of 2018), and any further challenge should have been by way of appeal. The court further held that the applicant's failure to disclose the outcome of the previous proceedings and the filing of multiple suits on the same subject constituted an abuse of process. Additionally, the court determined that it lacked jurisdiction to entertain the petition because the suit properties were still under adju…
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