Kavilili v Waswa & 2 others [2025] KEELC 5409 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Appeal E009 of 2024
Judge
EC Cherono
The Environment and Land Court dismissed an appeal over Land Parcel No. Ndivisi/Ndivisi/896, holding the appellant failed to prove lawful acquisition of title.
Awuonda v Owuoth & 2 others [2025] KEELC 5421 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Appeal E001 of 2023
Judge
SO Okong'o
The Environment and Land Court allowed an appeal over land title irregularities, quashed the lower court judgment, and ordered restoration of the parcel to the deceased’s name.
The court found that the appellant improperly introduced new issues and evidence on appeal—specifically, the lack of capacity to contract and absence of Land Control Board consent—which were not pleaded or canvassed at trial. The appellate court is bound to determine the appeal based on the record and issues raised before the trial court. The trial magistrate did not err in validating the agreement for sale, as the contract met the requirements of the Law of Contract Act, and the parties admitted to its existence and to the respondent's possession. The trial court's order for specific perform…
Mukururo & another v County Government of Nakuru & 3 others [2025] KEELC 5141 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Case E017 of 2023
Judge
MAO Odeny
The court found that although there was an agreement permitting the drilling of a borehole for community water supply, there was no evidence of a sale or transfer of the suit land. The land remained registered in the name of Jeremiah Mukururo Mucheru and was charged to Family Bank Limited, with no discharge of charge produced. Any subdivision or transaction affecting the land without the bank's consent was therefore null and void. The Land Control Board consent to subdivide could not confer rights in the absence of a discharge of charge. The court held that the plaintiffs were entitled to can…
Muturi v Mbugua (Sued in Her Capacity as the Legal Representative of the Estate of Joseph Mbugua Nganga – Now Deceased) [2025] KEELC 5100 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Appeal E019 of 2024
Judge
MN Gicheru
The court found that the sale agreement between the appellant and the deceased was void for want of Land Control Board consent as required by Section 6 of the Land Control Act. However, under Section 7 of the same Act, the appellant, having paid part of the purchase price, is entitled to recover the amount paid as a debt. The appellant failed to prove possession of the land or entitlement to specific performance, as she did not pay the full purchase price and did not demonstrate the land was unique or that damages would be inadequate. The trial magistrate erred in failing to order a refund of…
The court granted the defendant a temporary injunction over disputed land, finding he had shown a prima facie case, irreparable harm, and balance of convenience.
Gakuru & 4 others v Muhindi [2025] KEELC 4984 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Appeal E042 of 2021
Judge
JO Olola
The court found that the appellants failed to prove the existence of a customary trust over the suit properties, as there was no evidence that the land was family, clan, or group land prior to first registration, nor that the appellants were entitled to registration. The evidence showed that the 1st defendant acquired the land before marrying the 1st appellant, and the family had already relocated to another property purchased with the sale proceeds. The respondent lawfully acquired the properties as a bona fide purchaser for value with Land Control Board consent and without notice of any def…
Republic & another v Land Control Board Mukaa Subcounty & another; Deputy County Commissioner Mukaa Subcounty (Interested Party) [2025] KEELC 4999 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Case Judicial Review Application E003 of 2024
Judge
EO Obaga
The Environment and Land Court dismissed a judicial review application seeking mandamus to compel land control consent, holding the Board had statutory discretion and alternative remedies existed.
The court dismissed an appeal over competing claims to land, holding that the respondent had bought and occupied three acres and that a constructive trust applied.
The Court of Appeal set aside an ELC judgment because a deceased defendant had not been substituted, rendering the proceedings a nullity under Order 24 Rule 4.