Kenya Case Law

Wamalwa & 11 others v Pentecostal Evangelistic Fellowship of Africa - Soy (Registered Trustees) & 5 others

Wamalwa & 11 others v Pentecostal Evangelistic Fellowship of Africa - Soy (Registered Trustees) & 5 others [2025] KEELC 5326 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons 14 of 2014

Judge

EM Washe

The court found that the suit property, L.R. No. 6455/1, was a leasehold that expired in 2008, after which it reverted to the Government of Kenya and became public land. The Plaintiffs' claim for adverse possession was unsustainable because Section 41 of the Limitation of Actions Act prohibits adverse possession claims over public land. The court further determined that the property registered in the 1st Defendant's name (LR. No. Soy/Soy Block 10 (Navillus)/2182) was created from a different parcel (LR. No. 6455/2), not the suit property claimed by the Plaintiffs. There was no legal or factua…

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• Adverse Possession
• Public Land Allocation
• Limitation Of Actions
• Title Registration
• Land Disputes
• Costs Award

Pius & 2 others v Odoyo

Pius & 2 others v Odoyo [2025] KEELC 5363 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E052 of 2022

Judge

FO Nyagaka

The court allowed an application to file a record of appeal out of time, finding the omission was inadvertent and tied to confusion over related appeals.

• Extension Of Time
• Review Of Orders
• Appeal Procedure
• Record Of Appeal
• Land Disputes
• Extension-of-time

Wanderi v Nganga

Wanderi v Nganga [2025] KEELC 5005 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E043 of 2024

Judge

MAO Odeny

The Environment and Land Court allowed an appeal against refusal to call a witness who lacked a statement, holding that procedure should not defeat substantive justice.

• Admissibility Of Evidence
• Witness Statements
• Production Of Documents
• Judicial Discretion
• Land Disputes
• Witness-statements

Juma (Suing as the Administrator of the Estate of the Late Amos Juma Abelo alias Malowa Abura) v Abura & another

Juma (Suing as the Administrator of the Estate of the Late Amos Juma Abelo alias Malowa Abura) v Abura & another [2025] KEELC 5028 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E004 of 2022

Judge

AE Dena

The court found that the witness statement of Monica Otieno Oyugi could not be admitted as evidence in chief because it was not an affidavit and did not meet the requirements for admissibility under Sections 33 or 35 of the Evidence Act. Section 33 requires that the statement fit within specific exceptions, which the statement did not. Section 35 applies to documentary evidence, not to unsworn witness statements. The court emphasized that a witness statement is not evidence until adopted in court, and the adversarial system requires that evidence be tested through cross-examination. Admitting…

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• Admissibility Of Evidence
• Witness Statements
• Incapacity Of Witness
• Documentary Evidence
• Fair Hearing
• Land Disputes

Makobo v Inspector General of Police & 3 others

Makobo v Inspector General of Police & 3 others [2025] KEHC 9471 (KLR)

Court

High Court

Case number

Petition E003 of 2025

Judge

FN Muchemi

The High Court at Thika transferred a constitutional petition to Machakos High Court, holding that territorial jurisdiction lay where the cause of action and land subject matter were situated.

• Territorial Jurisdiction
• Constitutional Rights Enforcement
• Forum Non Conveniens
• Filing Of Petitions
• Land Disputes
• Transfer Of Suit

Lorkoyo & another v Lorkoyo

Lorkoyo & another v Lorkoyo [2025] KEELC 4835 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E002 of 2024

Judge

LN Gacheru

The appellate court found that while the appellants were aware of the court order issued on 17th August 2023, the respondent failed to prove to the required standard that the appellants deliberately breached the order by interfering with parcel Cis Mara/Empatipat/555. The evidence relied upon by the respondent, such as photographs and OB abstracts, was not included in the record of appeal, and there was no independent verification (e.g., Land Registrar or Surveyor's report) to confirm that the alleged activities occurred on parcel 555 rather than 558. Given the quasi-criminal nature of contem…

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• Contempt Of Court
• Injunctive Orders
• Burden Of Proof
• Land Disputes
• Standard Of Proof
• Appellate Review

Kirungi v Republic

Kirungi v Republic [2025] KEHC 8713 (KLR)

Court

High Court

Case number

Criminal Appeal E014 of 2020

Judge

EM Muriithi

The court found that the prosecution had proved beyond reasonable doubt that the appellant, together with others, stole 34 bags of paddy rice from land leased and cultivated by the complainant. The appellant and her co-accused failed to provide any documentary evidence or credible testimony to support their claim of ownership or right to the rice. The written lease agreement between the complainant and the landowner was produced and corroborated by multiple witnesses. The court held that the appellant's defence did not discharge the burden of proof required to bring the case within any except…

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• Stealing
• Elements Of Offence
• Burden Of Proof
• Land Disputes
• Standard Of Proof
• Criminal Appeals

Briston Printers Agencies & 8 others v Baringo County Government

Briston Printers Agencies & 8 others v Baringo County Government [2025] KEELC 5456 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E002 of 2023

Judge

L Waithaka

The court found that while the defendant's counsel's conduct was casual and the explanation for absence unsatisfactory, the subject matter of the dispute—land and allegations of fraud—was sufficiently weighty to warrant the exercise of judicial discretion in favour of hearing the case on its merits. The court emphasized that substantive justice should prevail over procedural technicalities, particularly in land matters. The ex-parte proceedings and consequential orders were set aside, the parties were allowed to reopen their cases, and the hearing was to start afresh, subject to the defendant…

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• Setting Aside Ex Parte Orders
• Adjournment Discretion
• Land Disputes
• Allegations Of Fraud

Onyango & 3 others (All Suing as the Legal Representatives of the Estate of Jared Abuoro Auma alias Abuoro Auma - Deceased) v Aboge & another

Onyango & 3 others (All Suing as the Legal Representatives of the Estate of Jared Abuoro Auma alias Abuoro Auma - Deceased) v Aboge & another [2025] KECA 1055 (KLR)

Court

Court of Appeal

Case number

Civil Application E120 of 2021

Judge

MSA Makhandia

The court found that the applicants had satisfactorily explained the delay in filing the notice and record of appeal, attributing it to the court's failure to notify them of the judgment delivery date. The judgment was delivered in their absence and without notice, and the applicants only became aware of it by chance. The court accepted that the delay was not inordinate given the circumstances and that the applicants acted promptly upon learning of the judgment. The court also determined that the intended appeal was not frivolous, as evidenced by the draft memorandum of appeal. In the absence…

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• Extension Of Time
• Appeals Process
• Service Of Judgment
• Injunctions
• Land Disputes

Wachira v Njuguna & 2 others

Wachira v Njuguna & 2 others [2025] KEELC 4306 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E004 of 2024

Judge

MN Gicheru

The court found that the petition did not raise any constitutional issue, as the core relief sought—cancellation of the subdivision of L.R. No. Loc.4/Naaro/663—could be pursued under the Land Registration Act and did not require invocation of constitutional jurisdiction. The court held that while petitions alleging violations of fundamental rights are not subject to limitation periods, this particular petition was not based on such violations but rather on matters already litigated under statute. The court further noted that the issue of res judicata would arise if the matter were pursued thr…

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• Limitation Of Actions
• Res Judicata
• Jurisdiction Of Tribunals
• Constitutional Threshold
• Land Disputes
• Fair Administrative Action