Kenya Case Law

Omao v Omao & another

Omao v Omao & another [2025] KEELC 4097 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 93 of 2021

Judge

DO Ohungo

The court found that the applicants' contention that the Plaint discloses no reasonable cause of action was not based on the Plaint itself but on alleged subsequent developments, namely an affidavit and notice of withdrawal, which were denied by the respondent and not supported by any order on record. The court emphasized that, under Order 2 Rule 15(2) of the Civil Procedure Rules, such applications must be determined solely on the face of the pleadings and not on extraneous evidence. Since the Plaint had not been withdrawn and there was no order marking it as such, and because the applicatio…

Source excerpt

• Striking Out Of Pleadings
• Reasonable Cause Of Action
• Locus Standi
• Withdrawal Of Suit
• Land Registration Disputes

Mukembo (On Behalf of 21 others) v Attorney General & another; Nthakanio (Deceased) Represented by Albert Njeru Gachoni & 2 others (Interested Parties); Nyaga & 3 others (Proposed Interested Parties)

Mukembo (On Behalf of 21 others) v Attorney General & another; Nthakanio (Deceased) Represented by Albert Njeru Gachoni & 2 others (Interested Parties); Nyaga & 3 others (Proposed Interested Parties) [2025] KEELC 3911 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Miscellaneous Application 3 of 2014

Judge

AK Bor

The Environment and Land Court held that post-judgment applications in judicial review were incompetent, upheld the preliminary objection, and struck them out.

• Judicial Review Procedure
• Functus Officio
• Ministerial Decisions
• Land Registration Disputes
• Judicial-review
• Functus-officio

Gutu v Njururi

Gutu v Njururi [2025] KEELC 3604 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E026 of 2023

Judge

JM Mutungi

The Environment and Land Court dismissed an application to adduce additional evidence on appeal, holding that the documents were available at trial and could not be used to fill gaps.

• Admission Of Additional Evidence
• Appellate Review
• Land Registration Disputes
• Fraud In Land Transactions
• Admission-of-additional-evidence
• Appellate-review

In re Estate of Sabastiano Ochoko (Deceased)

In re Estate of Sabastiano Ochoko (Deceased) [2025] KEHC 4933 (KLR)

Court

High Court

Case number

Succession Cause 49 of 2013

Judge

WM Musyoka

The High Court held that it lacked jurisdiction to cancel land subdivisions or reverse transmission after confirmation of grant, and dismissed the application.

• Probate Court Jurisdiction
• Transmission Of Land On Death
• Confirmation Of Grant
• Land Registration Disputes
• Probate-court-jurisdiction
• Confirmation-of-grant

Imbisi v Akhura & 2 others

Imbisi v Akhura & 2 others [2025] KECA 719 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) E248 of 2024

Judge

HA Omondi

The Court of Appeal dismissed an application to enlarge time to file a stay of execution, holding that no rule-based time limit existed to extend and that Rule 57 was the proper route if challenging a single judge’s order.

• Enlargement Of Time
• Stay Of Execution
• Appellate Jurisdiction
• Land Registration Disputes
• Enlargement-of-time
• Stay-of-execution

Ciamwonge (Suing as the Legal Representative of the Estate of Mugendi Runguma – Deceased) v Laini & 7 others

Ciamwonge (Suing as the Legal Representative of the Estate of Mugendi Runguma – Deceased) v Laini & 7 others [2025] KEELC 3944 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E008 of 2024

Judge

BM Eboso

The Environment and Land Court struck out a preliminary objection on res judicata, holding that the issue required affidavit evidence and could not be determined from submissions alone.

• Preliminary Objection
• Res Judicata
• Land Registration Disputes
• Rectification Of Register
• Preliminary-objection
• Res-judicata

Kirionki & another v Olodaru & 2 others

Kirionki & another v Olodaru & 2 others [2025] KEELC 3091 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 17 of 2021

Judge

MN Mwanyale

The Environment and Land Court dismissed a post-judgment motion for review and leave to adduce additional evidence, finding the reports were not new evidence.

• Review Of Judgment
• Adduction Of Additional Evidence
• Land Registration Disputes
• Sufficient Cause
• Boundary Disputes
• Review-of-judgment

Kanja & another (Suing as the personal representatives of Martin Kamau Kanja - Deceased) v Wanjohi & another; Karanja & 3 others (Intended Interested Party)

Kanja & another (Suing as the personal representatives of Martin Kamau Kanja - Deceased) v Wanjohi & another; Karanja & 3 others (Intended Interested Party) [2025] KEELC 1369 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E021 of 2023

Judge

LC Komingoi

The intended interested parties were not enjoined because their presence was not deemed necessary to effectually and completely adjudicate upon and settle all questions involved in the appeal, their proposed evidence appeared to be taking over the appellants' case, and their application was found to be intended to delay the appeal.

Source excerpt

• Joinder Of Parties
• Stay Of Execution
• Land Registration Disputes
• Appeals Process

Kogo (Suing on her Behalf and as the Administrator of the Estate of the Late Sawe Kipruto Serem) v Keino & 2 others

Kogo (Suing on her Behalf and as the Administrator of the Estate of the Late Sawe Kipruto Serem) v Keino & 2 others [2025] KEELC 764 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E011 of 2024

Judge

GMA Ongondo

The Environment and Land Court at Kapsabet allowed consolidation of two related land suits over parcel NANDI/KIPKAREN/SALIENT/920 and ordered a de novo hearing.

• Consolidation Of Suits
• Land Registration Disputes
• Fraudulent Land Registration
• Consolidation-of-suits
• Land-registration-disputes
• Environment-and-land-court

Republic v District Land Registrar, Kwale & 2 others; Holiday Resports Development Company Limited (Exparte Applicant)

Republic v District Land Registrar, Kwale & 2 others; Holiday Resports Development Company Limited (Exparte Applicant) [2025] KEHC 16877 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E033 of 2025

Judge

RE Aburili

The High Court declined to certify a judicial review matter as urgent and directed service on affected parties before an inter partes hearing on jurisdiction.

• Judicial Review Procedure
• Jurisdiction Of Court
• Land Registration Disputes
• Judicial-review-procedure
• Jurisdiction
• Land-registration-disputes