Kenya Case Law

Kemboi & 2 others v Land Registrar, Naivasha & 3 others

Kemboi & 2 others v Land Registrar, Naivasha & 3 others [2025] KEELC 5362 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Case E001 of 2025

Judge

MC Oundo

The court found that the applicants' application for leave to apply for judicial review by way of certiorari was time barred, as the impugned decision by the Land Registrar was made on 19th January 2023 and the application was filed on 24th April 2025, well outside the six-month statutory limit prescribed by Section 9(3) of the Law Reform Act and Order 53 Rule 2 of the Civil Procedure Rules. The court further held that the matter was res judicata, having already been determined in Naivasha CMCELC No. E037 of 2024 between the same parties and over the same subject matter, with a final judgment…

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• Judicial Review
• Certiorari
• Limitation Periods
• Res Judicata
• Land Title Cancellation
• Administrative Decisions

Odera & 6 others (Suing on their own and on behalf of all other members of the Kogony Community claiming registerable interests in the Land known as C/18 Scheme) v Akinyi & 5 others; Oim & 18 others (Interested Party); Otieno & 3 others (Applicant)

Odera & 6 others (Suing on their own and on behalf of all other members of the Kogony Community claiming registerable interests in the Land known as C/18 Scheme) v Akinyi & 5 others; Oim & 18 others (Interested Party); Otieno & 3 others (Applicant) [2025] KEELC 5233 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 146 of 2012

Judge

SO Okong'o

The court dismissed an application to review its earlier order, finding the 1st and 3rd applicants had not produced evidence proving ownership of the affected parcels.

• Review Of Court Orders
• Natural Justice
• Joinder Of Parties
• Land Title Cancellation
• Community Land Rights
• Review-of-court-orders

Republic Between Ex-Parte James Odhiambo Onyango v Land Registrar Ugenya Sub County

Republic Between Ex-Parte James Odhiambo Onyango v Land Registrar Ugenya Sub County [2025] KEELC 5209 (KLR)

Court

Environment and Land Court

Case number

Judicial Review Application E002 of 2024

Judge

AE Dena

The court found that the applicant's request for leave to apply for judicial review orders was fatally defective due to non-compliance with the mandatory statutory timeline. The impugned administrative action—the cancellation of the title—occurred on 29 July 2021, while the application for leave was filed in July 2024, well outside the six-month limitation period prescribed by Order 53 Rule 2 of the Civil Procedure Rules and Section 9(3) of the Law Reform Act. The court held that it lacked jurisdiction to extend this period, as established by binding precedent. Consequently, regardless of the…

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• Judicial Review Leave
• Land Title Cancellation
• Procedural Timelines
• Fair Administrative Action
• Natural Justice

Gatere & 2 others (As Trustees of Kaga Self Help Water Project) v Njue t/a Victorious Gospel Ministry Ebeneza Sanctuary & another; Land Registrar, Nyeri & 2 others (Interested Parties)

Gatere & 2 others (As Trustees of Kaga Self Help Water Project) v Njue t/a Victorious Gospel Ministry Ebeneza Sanctuary & another; Land Registrar, Nyeri & 2 others (Interested Parties) [2025] KEELC 5066 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E006 of 2023

Judge

JO Olola

The Environment and Land Court struck out a land suit over Naromoru Block 1/Ragati/603, holding it was barred by res judicata and an abuse of process.

• Res Judicata
• Injunctions
• Land Title Cancellation
• Public Land Allocation
• Res-judicata
• Land-title-cancellation

Odera & 6 others (Suing on their own Behalf and on Behalf of all Members of the Kogony Community Claiming Registrable Interest in the Land known as C/18 Scheme) v Gitonga & 5 others

Odera & 6 others (Suing on their own Behalf and on Behalf of all Members of the Kogony Community Claiming Registrable Interest in the Land known as C/18 Scheme) v Gitonga & 5 others [2025] KEELC 4997 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E024 of 2025

Judge

E Asati

The court granted an unopposed temporary injunction restraining the defendants from dealing with disputed Kogony C-18 Scheme land pending hearing of the suit.

• Temporary Injunctions
• Land Title Cancellation
• Ancestral Land Claims
• Prima Facie Case
• Survey And Registration
• Service Of Process

Ollang' v Chimba

Ollang' v Chimba [2025] KEELC 5008 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit E022 of 2024

Judge

SO Okong'o

The court rejected a preliminary objection on res judicata and sub judice, but held the suit was filed over a cancelled parcel and allowed amendment instead of striking it out.

• Adverse Possession
• Res Judicata
• Preliminary Objection
• Sub Judice
• Land Title Cancellation
• Adverse-possession

Republic v Cooperative Tribunal; Borop Multipurpose Co-operative Society Limited & 2 others (Interested Parties); iongok & 10 others (Ex parte Applicants)

Republic v Cooperative Tribunal; Borop Multipurpose Co-operative Society Limited & 2 others (Interested Parties); iongok & 10 others (Ex parte Applicants) [2025] KEHC 10305 (KLR)

Court

High Court

Case number

Judicial Review Application E010 of 2024

Judge

SM Mohochi

The court found that the application for judicial review was filed within the statutory six-month period, but was fundamentally defective for lack of evidentiary support, as the applicants failed to file a proper verifying affidavit and supporting documents with the substantive motion. The court held that reliance on affidavits and statements filed at the leave stage was insufficient, as those pleadings were spent and not part of the substantive application. The court further determined that the applicants failed to demonstrate any illegality, irrationality, or procedural impropriety in the T…

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• Judicial Review
• Cooperative Societies Disputes
• Land Title Cancellation
• Jurisdiction Of Tribunals
• Abuse Of Process
• Limitation Periods

Mbinya & 2 others v Ng'ondu & another

Mbinya & 2 others v Ng'ondu & another [2025] KEELC 4708 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E075 of 2024

Judge

NA Matheka

The Environment and Land Court granted stay of execution pending appeal, finding the appellants acted without delay and raised an arguable appeal with possible nugatory effect.

• Stay Of Execution
• Appeal Process
• Land Title Cancellation
• Irreparable Harm
• Security For Due Performance
• Stay-of-execution

Onyolo v Wafula (Suing as a Personal Representative of Petro Masinde Waswa aka Petero Masinde - Deceased) & another

Onyolo v Wafula (Suing as a Personal Representative of Petro Masinde Waswa aka Petero Masinde - Deceased) & another [2025] KEELC 4355 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E035 of 2023

Judge

A Nyukuri

The Environment and Land Court allowed an appeal, held the magistrate lacked pecuniary jurisdiction, joined the appellant, and vacated orders made without jurisdiction.

• Pecuniary Jurisdiction
• Joinder Of Parties
• Land Title Cancellation
• Succession And Estate Administration
• Fraudulent Transfer Of Land
• Pecuniary-jurisdiction

Mibei v Soy

Mibei v Soy [2025] KEELC 3869 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons E001 of 2023

Judge

MN Mwanyale

The court allowed an application to amend an originating summons so it could reflect new parcel numbers after subdivision of the original land.

• Amendment Of Pleadings
• Adverse Possession
• Land Title Cancellation
• Subdivision Of Land
• Amendment-of-pleadings
• Land-title-cancellation