Kenya Case Law

Rotich & 7 others v Yator & 14 others

Rotich & 7 others v Yator & 14 others [2025] KEELC 5432 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition 12 of 2020

Judge

EO Obaga

The court found that the Applicants were entitled to seek leave for a change of advocate post-judgment in compliance with Order 9 Rule 9 of the Civil Procedure Rules. There was no objection from the outgoing advocates regarding their removal, and the existence of pending applications justified the Applicants' need for representation. The court held that the issue of delay did not arise, as the Applicants had a right to be heard on matters affecting them. The objections raised by the Respondents regarding the authority to appoint advocates and the alleged lateness of the application were not s…

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• Change Of Advocate Post Judgment
• Representation Rights
• Order 9 Rule 9 Civil Procedure Rules
• Land Dispute Resolution
• Mediation Adoption
• Party Entitlement To Be Heard

Jilo v Sala

Jilo v Sala [2025] KECA 1194 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 308 of 2018

Judges

W Karanja, LA Achode, GV Odunga

The Court of Appeal allowed a second appeal and remitted the matter to the High Court to determine whether the tribunal had jurisdiction when it made the award.

• Tribunal Jurisdiction
• Adoption Of Awards
• Transitional Provisions
• Land Dispute Resolution
• Land-dispute-resolution
• Tribunal-jurisdiction

Republic of Kenya & another v Land Registrar, Kajiado North & another

Republic of Kenya & another v Land Registrar, Kajiado North & another [2025] KEELC 3212 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Miscellaneous Application 130 of 2017

Judge

MD Mwangi

The court dismissed an application to review judicial review orders, holding that the Civil Procedure Act and Order 45 do not apply to judicial review proceedings.

• Judicial Review Procedure
• Applicability Of Civil Procedure Act
• Review Of Court Orders
• Land Dispute Resolution
• Judicial-review-procedure
• Review-of-court-orders

Mbwiria v Reuben; Attorney General (On behalf of the District Land Adjudication & Settlement Officer Igembe District) & another (Third party)

Mbwiria v Reuben; Attorney General (On behalf of the District Land Adjudication & Settlement Officer Igembe District) & another (Third party) [2024] KEELC 6468 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 128 of 2012

Judge

CK Yano

The court found that the plaintiff lawfully acquired and was registered as proprietor of parcels Kiengu/Kanjoo/129 and 131 through the statutory adjudication process, culminating in unchallenged decisions by the Land Arbitration Board and Adjudication Officer. The defendant's occupation, though longstanding, was marred by ongoing disputes and did not meet the threshold for adverse possession, as possession was neither peaceful nor uninterrupted. The defendant failed to prove that the plaintiff's title was obtained fraudulently, illegally, or unprocedurally. The court held that the defendant's…

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• Land Adjudication
• Eviction Orders
• Adverse Possession
• Title Registration
• Land Dispute Resolution

Njagi v Muchiri & another

Njagi v Muchiri & another [2024] KEELC 1812 (KLR)

Court

Environment and Land Court

Case number

Judicial Review E006 of 2023

Judge

JM Mutungi

The court dismissed a preliminary objection, holding that leave was not required where judicial review was anchored on the Constitution and the Fair Administrative Action Act.

• Judicial Review Procedure
• Leave Requirement
• Fair Administrative Action
• Certiorari
• Land Dispute Resolution
• Judicial-review-procedure

Republic v National Land Commission; Thiru & another (Interested Parties) (Joined as Chairman and Secretary of Mbari ya Thiru Welfare Group)

Republic v National Land Commission; Thiru & another (Interested Parties) (Joined as Chairman and Secretary of Mbari ya Thiru Welfare Group) [2024] KEELC 379 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Miscellaneous Application E025 of 2022

Judge

LN Mbugua

The court found that the applicable limitation period for lodging historical land injustice claims with the National Land Commission is five years from 21st September 2016, the commencement date of the Land Laws (Amendment) Act 2016. The Interested Parties lodged their complaint on 20th September 2021, which was within the statutory limitation period. Therefore, the National Land Commission had jurisdiction to entertain the complaint. The Exparte Applicant's claim that the complaint was statute barred was unfounded. As a result, the court dismissed the suit, holding that the Exparte Applicant…

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• Historical Land Injustice
• Jurisdiction Of National Land Commission
• Statutory Limitation Periods
• Judicial Review
• Land Dispute Resolution

Republic & another v Land Registrar, Kajiado North & another; Onsomu & another (Interested Parties)

Republic & another v Land Registrar, Kajiado North & another; Onsomu & another (Interested Parties) [2023] KEELC 21144 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application 30 of 2017

Judge

MN Gicheru

The Environment and Land Court at Kajiado adopted a Land Registrar’s report in a long-running land dispute, rejecting the view that the court was functus officio.

• Judicial Review
• Adoption Of Registrar Report
• Land Dispute Resolution
• Functus Officio
• Procedural Irregularity
• Judicial-review

Ethics and Anticorruption Commission v Lobo & another (Sued as the Legal Representatives/ Administrators the Estate of the Late Paul Lobo) & 2 others

Ethics and Anticorruption Commission v Lobo & another (Sued as the Legal Representatives/ Administrators the Estate of the Late Paul Lobo) & 2 others [2023] KEELC 17180 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 175 of 2009

Judge

LL Naikuni

The court found that while the 2nd Defendant/Applicant had delayed excessively in seeking leave to amend his Defence and Counterclaim, the overriding objective of the Environment and Land Court is to facilitate just, expeditious, proportionate, and accessible resolution of disputes. The court acknowledged that the matter had not yet commenced hearing and that the Plaintiff would not suffer direct prejudice if the amendment was allowed, provided certain pre-conditions were met. The court exercised its discretion to allow the application for amendment, subject to the 2nd Defendant paying thrown…

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• Amendment Of Pleadings
• Counterclaim Procedure
• Pretrial Compliance
• Delay And Laches
• Costs Award
• Land Dispute Resolution

Republic v County Commissioner, Elgeyo Marakwet & 3 others; Suter & 11 others (Interested Parties); Chemastan & another (Exparte Applicants)

Republic v County Commissioner, Elgeyo Marakwet & 3 others; Suter & 11 others (Interested Parties); Chemastan & another (Exparte Applicants) [2022] KEELC 15289 (KLR)

Court

Environment and Land Court

Case number

Judicial Review 18 of 2022

Judge

L Waithaka

The court found that the ex parte applicants failed to prove any illegality, irrationality, or procedural impropriety in the decision-making process of the Minister or the adjudication authorities. The evidence showed that the applicants were afforded an opportunity to be heard at all stages of the adjudication and appeal process. The court emphasized that judicial review is not concerned with the merits of the decision but with the process, and the applicants' grievances related to the merits rather than procedural fairness. The court held that the loss of records and the subsequent fresh ad…

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• Land Adjudication
• Judicial Review Remedies
• Ministerial Appeals
• Natural Justice
• Limitation Of Actions
• Land Dispute Resolution

Conpak Industries Ltd v Muturi

Conpak Industries Ltd v Muturi [2022] KEELC 121 (KLR)

Court

Environment and Land Court

Case number

Miscellaneous Application E041 of 2021

Judge

EK Wabwoto

The Environment and Land Court dismissed a preliminary objection, holding it had jurisdiction and that the motion procedure used under the Land Act was not fatal.

• Jurisdiction Of Elc
• Preliminary Objection
• Procedure For Instituting Suit
• Doctrine Of Exhaustion
• Notice Of Motion
• Land Dispute Resolution