Kenya Case Law

Turere v Thindu & 6 others

Turere v Thindu & 6 others [2025] KEELC 5443 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition 158 of 2018

Judge

LC Komingoi

The court found that although the petition was improperly brought as a constitutional petition rather than an ordinary civil suit, it proceeded to determine the merits due to the protracted history of the case. The evidence demonstrated that the petitioner had entered into valid, written sale agreements with the 1st to 4th respondents, received the agreed purchase price, and participated in the subdivision and transfer process, including obtaining Land Control Board consent. The court found no credible evidence of fraud or illegality in the transfer of the land. The petitioner's claims of ill…

Source excerpt

• Fraudulent Land Transfer
• Limitation Of Actions
• Land Title Registration
• Constitutional Avoidance
• Property Rights
• Land Disputes Tribunal Jurisdiction

Kalikania v Machuma

Kalikania v Machuma [2025] KEELC 4551 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E033 of 2022

Judge

EC Cherono

The court found that the doctrine of res judicata did not apply because the parties and causes of action in the previous tribunal proceedings and the current suit were not identical. However, the Land Disputes Tribunal's award, having been adopted as a judgment of the court and not appealed, remained valid and enforceable, entitling the estate of Elizabeth Nanjala Wanyama to 2 acres of the suit land. The respondent's claim for eviction and permanent injunction was not merited, as she failed to prove that the appellant was an intruder beyond the portion awarded by the decree. The appellant's a…

Source excerpt

• Res Judicata
• Land Ownership
• Eviction Orders
• Permanent Injunction
• Fraudulent Title
• Land Disputes Tribunal Jurisdiction

Kiratu & another (Suing as Legal Representatives of the Estate of Catherine Waigumo Kiratu) & another v Wambugu

Kiratu & another (Suing as Legal Representatives of the Estate of Catherine Waigumo Kiratu) & another v Wambugu [2025] KEELC 3106 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 93 of 2014

Judge

JO Olola

The Environment and Land Court held that a tribunal award over registered land was a nullity and dismissed the plaintiffs’ claim for 5 acres each.

• Trusteeship Of Land
• Beneficial Ownership
• Land Disputes Tribunal Jurisdiction
• Subdivision Of Land
• Adoption Of Awards
• Succession And Inheritance

Okwiri ((Suing as the personal representative of the Estate of Nicholas Litswa Mbehelo - Deceased)) v Mbehelo

Okwiri ((Suing as the personal representative of the Estate of Nicholas Litswa Mbehelo - Deceased)) v Mbehelo [2025] KEELC 2953 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E004 of 2023

Judge

DO Ohungo

The Environment and Land Court dismissed an appeal challenging a magistrate’s finding on a land-title cancellation application, holding the court lacked jurisdiction and the process was a nullity.

• Jurisdiction Of Subordinate Courts
• Cancellation Of Land Title
• Res Judicata
• Land Disputes Tribunal Jurisdiction
• Land-title-cancellation
• Jurisdiction

John & 8 others v Gikunda

John & 8 others v Gikunda [2024] KECA 1221 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 168 of 2018

Judges

W Karanja, J Mohammed, AO Muchelule

The Court of Appeal held that the respondent failed to prove adverse possession of land and allowed the appeal, setting aside the trial court’s orders.

• Adverse Possession
• Res Judicata
• Land Disputes Tribunal Jurisdiction
• Succession And Beneficiary Rights
• Adverse-possession
• Res-judicata

Mukundi v Mukundi

Mukundi v Mukundi [2024] KEELC 5846 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E036 of 2024

Judge

BM Eboso

The court struck out an appeal and related motion because leave to appeal out of time had not been sought first, holding the filing to be procedurally incompetent.

• Leave To Appeal Out Of Time
• Striking Out Incompetent Appeal
• Land Disputes Tribunal Jurisdiction
• Leave-to-appeal-out-of-time
• Striking-out-incompetent-appeal
• Abuse-of-process

Belyon (Suing as the Administrator of the Estate of Kibelion Arap Ngetich) v Kimetto & another

Belyon (Suing as the Administrator of the Estate of Kibelion Arap Ngetich) v Kimetto & another [2024] KEELC 576 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit E026 of 2021

Judge

MC Oundo

The court dismissed a land ownership claim over Kericho/Kabartegan/4 as time-barred, and held the Defendants’ title was procedurally acquired.

• Land Registration
• Adverse Possession
• Limitation Of Actions
• Trusts In Land
• Land Disputes Tribunal Jurisdiction
• Land-registration

Kirop & 2 others v Chelanga & 2 others

Kirop & 2 others v Chelanga & 2 others [2024] KEELC 368 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 19 of 2020

Judge

EO Obaga

The court dismissed an appeal from a land disputes tribunal award, holding the tribunal had jurisdiction over boundary and trespass issues and was properly constituted.

• Land Disputes Tribunal Jurisdiction
• Trespass To Land
• Boundary Determination
• Locus Standi
• Customary Land Rights
• Land-disputes-tribunal

Ogoti v Onderi & another

Ogoti v Onderi & another [2023] KEELC 21685 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 41 of 2019

Judge

M Sila

The court found that neither the plaintiff nor the defendant had acquired good title to the suit land. The plaintiff failed to demonstrate that she obtained title through lawful succession proceedings, as required by the Law of Succession Act, and produced no evidence of a grant of letters of administration. Her title was therefore null and void. The defendant, on the other hand, purchased the land from individuals who themselves had no title or grant of representation, rendering the sale void. The defendant's claim for adverse possession also failed, as her occupation was interrupted by lega…

Source excerpt

• Succession Without Grant
• Fraudulent Title Transfer
• Adverse Possession
• Land Disputes Tribunal Jurisdiction

Karukuma v Kariithi Substituted Karukuma Kariithi

Karukuma v Kariithi Substituted Karukuma Kariithi [2023] KEELC 20597 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Miscellaneous Case E010 of 2022

Judge

JM Mutungi

The Environment and Land Court dismissed a review application, holding there was no error apparent on the record and that a 20-year delay was inordinate.

• Review Of Court Orders
• Error Apparent On Record
• Inordinate Delay
• Land Disputes Tribunal Jurisdiction
• Finality Of Litigation
• Review-of-court-orders