Kenya Case Law

Republic v Director of Public Prosecutions & 2 others; Wambui (Exparte Applicant); Muriithi (Interested Party)

Republic v Director of Public Prosecutions & 2 others; Wambui (Exparte Applicant); Muriithi (Interested Party) [2025] KEHC 9978 (KLR)

Court

High Court

Case number

Judicial Review Application E003 of 2023

Judge

EM Muriithi

The court found that the applicant had demonstrated an arguable case for leave to apply for judicial review orders of certiorari and prohibition, as the alleged offences arose from an advocate-client relationship and the facts were sufficiently contested to warrant further inquiry. However, the court balanced this with the public interest in allowing investigations into alleged fraud and forgery to continue. The court distinguished between investigation and prosecution, holding that while investigations may proceed, the criminal trial proceedings should be stayed to prevent possible prejudice…

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• Judicial Review
• Leave To Apply
• Criminal Investigation
• Advocate Client Relationship
• Fraud Allegations
• Land Sale Disputes

Wairimu & another v Ajwala

Wairimu & another v Ajwala [2025] KEHC 10127 (KLR)

Court

High Court

Case number

Miscellaneous Civil Case E127 of 2024

Judge

FN Muchemi

The court found that the applicants had complied with the requirements of Section 18 of the Civil Procedure Act by initiating the transfer process before the Ruiru court issued its directions. The application was not belated, as the process of transfer had already commenced prior to the Ruiru court's ruling. The subject property and transaction were both within Thika's jurisdiction, and the respondent did not dispute these facts. The court held that the applicants had made out a sufficient case for transfer, and that the conditions set by the Ruiru court could not apply retrospectively to an…

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• Transfer Of Suit
• Jurisdiction Of Subordinate Courts
• Breach Of Sale Agreement
• Land Sale Disputes

Kiarie v Toyianka; Parsere & another (Interested Parties) (Suing as Administrators of the Estate of Peter Parsere Saire - Deceased)

Kiarie v Toyianka; Parsere & another (Interested Parties) (Suing as Administrators of the Estate of Peter Parsere Saire - Deceased) [2025] KEELC 4937 (KLR)

Court

Environment and Land Court

Case number

Land Case E006 of 2025

Judge

LC Komingoi

The court found that the plaintiff had established a prima facie case for injunctive relief, having purchased the suit property for value and subdivided it for commercial purposes. The existence of a related pending suit (ELC E025 of 2024) involving the same parties and subject matter necessitated preservation of the status quo. The court held that to prevent further prejudice and irreparable harm, it was necessary to grant orders restraining the defendant from interfering with the suit properties and to register inhibition against both the land parcels and the motor vehicle forming part of t…

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• Injunctive Relief
• Land Sale Disputes
• Title Inhibition
• Contempt Of Court
• Interlocutory Orders

Omwanda v Republic

Omwanda v Republic [2025] KEHC 8199 (KLR)

Court

High Court

Case number

Criminal Appeal E011 of 2024

Judge

AC Bett

The High Court allowed a consolidated criminal appeal over allegations of obtaining by false pretence in land sales, quashing the convictions and setting aside the sentences.

• Obtaining By False Pretence
• Land Sale Disputes
• Burden Of Proof Criminal
• Elements Of Offence
• Ownership Of Land
• Criminal Vs Civil Liability

Mbugua v Mwaniki

Mbugua v Mwaniki [2025] KEELC 4221 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E184 of 2024

Judge

JA Mogeni

The court found that the applicant had established a prima facie case with a probability of success, as she was in occupation of the suit property and had demonstrated an interest arising from the alleged sale agreement. The court held that if the applicant were removed from occupation or the property was alienated, she would suffer irreparable harm that could not be adequately compensated by damages, especially given the developments made on the land. The balance of convenience favoured maintaining the status quo to preserve the subject matter pending trial. The court also found that an orde…

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• Injunctive Relief
• Land Sale Disputes
• Proprietary Rights
• Registration Of Land
• Interlocutory Orders

Ntari v Joseph

Ntari v Joseph [2025] KEELC 3805 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E012 of 2025

Judge

BM Eboso

The Environment and Land Court at Meru extended time by seven days for filing and serving an appeal, finding the delay was sufficiently explained by the unavailability of a typed judgment.

• Extension Of Time
• Appeals From Subordinate Courts
• Limitation Periods
• Land Sale Disputes
• Extension-of-time
• Appeals-from-subordinate-courts

Lombo v Chiro (Sued as Administrator of the Estate of Jacob Adero Obiero)

Lombo v Chiro (Sued as Administrator of the Estate of Jacob Adero Obiero) [2025] KEELC 3992 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E062 of 2024

Judge

E Asati

The court granted leave to appeal out of time, accepting that post-judgment settlement talks explained the delay and ordering the appeal to be filed within 14 days.

• Leave To Appeal Out Of Time
• Enlargement Of Time
• Post Judgment Negotiations
• Land Sale Disputes
• Leave-to-appeal-out-of-time
• Extension-of-time

Macharia v Wangui (Suing as the Official Donee of the General Power of Attorney of Joseph Muigai Muroki) & 2 others

Macharia v Wangui (Suing as the Official Donee of the General Power of Attorney of Joseph Muigai Muroki) & 2 others [2025] KEELC 3635 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E010 of 2024

Judge

JM Onyango

The court found that the appellant did not satisfy the criteria for admission of additional evidence on appeal as established by the Supreme Court in Mohamed Abdi Mahamud v Ahmed Abdullahi Mohamed & 3 Others. The appellant failed to demonstrate that the evidence could not have been obtained with reasonable diligence at trial, and his explanation attributing the omission to advocate negligence was insufficient. The court emphasized that parties are responsible for their own cases and must actively participate in the litigation process. The application was therefore dismissed, and the appellant…

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• Admission Of Additional Evidence
• Appellate Procedure
• Advocate Negligence
• Pecuniary Jurisdiction
• Land Sale Disputes

Munyua & 2 others v Kibachio

Munyua & 2 others v Kibachio [2025] KEHC 5104 (KLR)

Court

High Court

Case number

Probate & Administration Appeal E006 of 2024

Judge

KW Kiarie

The High Court allowed a probate appeal and quashed orders awarding a purchaser a share of estate land, holding the family court lacked jurisdiction.

• Probate And Administration
• Jurisdiction Of Family Court
• Third Party Claims In Estate
• Land Sale Disputes
• Revocation Of Grant
• Probate-and-administration

Mungai & another v Muli & another

Mungai & another v Muli & another [2025] KEELC 3441 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E012 of 2024

Judge

NA Matheka

The court found that the applicants had demonstrated a prima facie case based on the sale agreement and supporting documents, showing an apparent infringement of their legal rights by the respondent's unilateral subdivision and allocation of a differently shaped parcel. The applicants also established that they would suffer irreparable injury if the injunction was not granted, as the property could be disposed of or interfered with, leading to loss of their proprietary rights which cannot be adequately compensated by damages. The balance of convenience was found to favour the applicants, as t…

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• Interlocutory Injunctions
• Specific Performance
• Land Sale Disputes
• Arbitration Referral