Kenya Case Law

Olal v Jay Jay Holdings Limited

Olal v Jay Jay Holdings Limited [2025] KEELC 5407 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E051 of 2025

Judge

CG Mbogo

The court found that while the applicant's delay in filing the appeal was attributable to an error in the e-filing system, the responsibility for proper filing rests with the applicant. Nevertheless, the court acknowledged that the applicant was intent on appealing and that the draft memorandum of appeal raised arguable grounds. The court exercised its discretion under Section 79G of the Civil Procedure Act to grant leave to file the appeal out of time. However, the court declined to grant a mandatory injunction restoring the applicant to possession of the suit property, holding that the circ…

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• Leave To Appeal Out Of Time
• Mandatory Injunction
• Eviction Procedure
• Possession Of Property
• Appeal From Subordinate Court

ANM v JMK

ANM v JMK [2025] KEHC 10423 (KLR)

Court

High Court

Case number

Matrimonial Cause E058 of 2024

Judge

PM Nyaundi

High Court partly allowed an application to preserve alleged matrimonial property, granting a restraining injunction over two properties but refusing a mandatory order restoring possession.

• Matrimonial Property
• Injunctive Relief
• Division Of Property
• Mandatory Injunction
• Prima Facie Case
• Matrimonial-property

Bajaber Limited v Ramadhan & another

Bajaber Limited v Ramadhan & another [2025] KEELC 5241 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 60 of 2019

Judge

LL Naikuni

The court found Bajaber Limited proved ownership of L.R. No. MN/III/1883 and that the defendants trespassed. Mandatory and prohibitory injunctions were granted.

• Trespass To Land
• Adverse Possession
• Mandatory Injunction
• Ownership Disputes
• Trespass-to-land
• Adverse-possession

Kenya Commercial Bank v Ngatu & another

Kenya Commercial Bank v Ngatu & another [2025] KEHC 9568 (KLR)

Court

High Court

Case number

Civil Appeal E021 of 2025

Judge

AN Ongeri

The High Court granted a stay of execution pending appeal over an order releasing a repossessed motor vehicle in a bank-loan dispute.

• Stay Of Execution
• Injunctive Relief
• Loan Default
• Secured Transactions
• Mandatory Injunction
• Appeal Procedure

Sidi & another v Mwero & another

Sidi & another v Mwero & another [2025] KEELC 4831 (KLR)

Court

Environment and Land Court

Case number

Land Case 182 of 2020

Judge

LL Naikuni

The Environment and Land Court dismissed the Plaintiffs’ land claim and allowed the Defendants’ counterclaim, finding the Plaintiffs had not proved title.

• Ownership Disputes
• Bona Fide Purchaser
• House Without Land
• Mandatory Injunction
• Land Registration
• Boundary Disputes

Board of Trustees Full Gospel Churches of Kenya v Commissioner of Lands & 2 others

Board of Trustees Full Gospel Churches of Kenya v Commissioner of Lands & 2 others [2025] KEELC 4732 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 74 of 2005

Judge

NA Matheka

The court found that the original judgment did not grant a permanent injunction or an eviction order, and it was not clear whether the orders granted had been complied with. The statutory procedure for eviction, including proper service of notice as required under Section 152E of the Land Laws (Amendment) Act and Regulation 65 of the Land Regulations, must be strictly followed before an eviction order can be issued. Since the plaintiff sought additional orders not contained in the original judgment and failed to demonstrate compliance with the statutory eviction procedure, the application lac…

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• Eviction Procedure
• Declaratory Judgment
• Mandatory Injunction
• Execution Of Decree

Estate of Amir Suleiman (Suing through its Executor Roshan BA Suleiman) v County Government of Narok

Estate of Amir Suleiman (Suing through its Executor Roshan BA Suleiman) v County Government of Narok [2025] KEELC 4296 (KLR)

Court

Environment and Land Court

Case number

Land Case E027 of 2024

Judge

LN Gacheru

The court held that it has jurisdiction to hear and determine the application and suit, as the main prayers sought are injunctive orders which only courts can grant, and not the Valuation Rating Tribunal. The doctrine of exhaustion does not bar the court from entertaining the matter where the relief sought is outside the remit of the statutory tribunal. The Plaintiff established a prima facie case by demonstrating that the Defendant disconnected water and obstructed access to the suit properties, actions which affect the rights of tenants and go beyond the statutory mechanisms for recovery of…

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• Injunctive Relief
• Land Rates Dispute
• Right To Property
• Exhaustion Of Remedies
• Mandatory Injunction
• Access To Water

Maxitize Kenya Limited v Elegant Gems Ltd & 3 others

Maxitize Kenya Limited v Elegant Gems Ltd & 3 others [2025] KEELC 3906 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E194 of 2024

Judge

CG Mbogo

The Environment and Land Court dismissed an application for stay of execution and stay of proceedings pending appeal, finding no substantial loss or security had been shown.

• Stay Of Execution
• Security For Costs
• Mandatory Injunction
• Substantial Loss
• Appeal Thresholds
• Stay-of-execution

Mambrui Sea Dunes Limited & 3 others v Yeri & 11 others

Mambrui Sea Dunes Limited & 3 others v Yeri & 11 others [2025] KECA 808 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E033 of 2022

Judges

SG Kairu, KI Laibuta, GWN Macharia

The Court of Appeal held that the Environment and Land Court properly exercised its discretion in declining to grant conservatory and mandatory injunctions, as the appellants had not demonstrated special or clear circumstances or a high degree of assurance that such orders would be justified at trial, especially given the complexity and the presence of thousands of residents on the land. However, the appellate court found that the ELC failed to properly consider whether the appellants had established a prima facie case for a temporary injunction under the Giella principles. The Court of Appea…

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• Injunctive Relief
• Land Adjudication
• Title Registration
• Squatters Rights
• Mandatory Injunction
• Conservatory Orders

National Housing Corporation v Odera

National Housing Corporation v Odera [2025] KEHC 5789 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E145 of 2022

Judge

PM Mulwa

The court found that the doctrine of res judicata did not apply because the issue of execution of share transfer forms was not directly and substantially in issue in the previous Employment and Labour Relations Court case, which was limited to unfair termination. The Employment and Labour Relations Court lacked jurisdiction over company law matters, including share transfers. The Respondent's refusal to execute the share transfer forms was found to be without lawful basis, obstructive, and unjustified. The court held that the Applicant was entitled to the relief sought, as the Respondent's co…

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• Res Judicata
• Share Transfer
• Company Winding Up
• Mandatory Injunction