Kenya Case Law

Mwinyi v Bhai & another

Mwinyi v Bhai & another [2025] KECA 1309 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E023 of 2023

Judges

AK Murgor, KI Laibuta, GWN Macharia

The Court of Appeal held that the appellant, having purchased only a house without land, had no right to demolish and reconstruct a new structure on the respondents' land without their consent. The concept of 'house without land' does not confer proprietary rights over the land itself, and any alteration or reconstruction requires the landowner's approval. The appellant's actions in demolishing the original house and constructing a new one without consent constituted trespass. The court further found that the tort of trespass was a continuing injury, so the suit was not time-barred despite th…

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• House Without Land
• Trespass To Land
• Mesne Profits
• Adverse Possession
• Limitation Of Actions
• Damages For Trespass

Emfil Limited v Safaricom Limited

Emfil Limited v Safaricom Limited [2025] KECA 1331 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E100 of 2022

Judges

AK Murgor, KI Laibuta, GWN Macharia

The Court of Appeal held that the appellant failed to prove its claim of trespass against the respondent because, at the time the respondent entered into the lease and erected the mast, the registered proprietor of the suit property was Jua Maisha Limited, and the respondent had no notice of any adverse claim or subsisting court order. The appellant did not produce a title to the suit property nor demonstrate actual or constructive possession at the material time. The court further found that the appellant did not specifically plead or strictly prove its claim for mesne profits, as required b…

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• Trespass To Land
• Mesne Profits
• Title Registration
• Injunctive Relief
• Burden Of Proof

Choge v Keter & another

Choge v Keter & another [2025] KEELC 5368 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 137 of 2014

Judge

EM Washe

The court upheld the plaintiff’s title to the suit land, found the defendant’s occupation amounted to trespass, and dismissed the counter-claim.

• Land Ownership
• Trespass
• Title Registration
• Eviction
• Mesne Profits
• Succession

Postal Corporation of Kenya v Board of Trustees Teleposta Pension Scheme

Postal Corporation of Kenya v Board of Trustees Teleposta Pension Scheme [2025] KEELC 5144 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 96 of 2009

Judge

CG Mbogo

The court allowed the plaintiff’s late application to amend its plaint, finding the changes arose from the same facts and caused no shown prejudice.

• Amendment Of Pleadings
• Limitation Of Actions
• Mesne Profits
• Injunctions
• Multiplicity Of Suits
• Amendment-of-pleadings

New Nzaui Farmers Co-operative Society Limited v Muange

New Nzaui Farmers Co-operative Society Limited v Muange [2025] KEELC 5142 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 39B of 2018

Judge

EO Obaga

The Environment and Land Court allowed an appeal over a disputed Matiliku Market plot, set aside the Tribunal decision, and awarded Kshs.200,000 in damages for trespass.

• Allocation Of Land
• Trespass
• Mesne Profits
• Burden Of Proof
• Cooperative Societies
• General Damages

Delmonte Kenya Limited v Goshen Gardens Limited & another

Delmonte Kenya Limited v Goshen Gardens Limited & another [2025] KEELC 5256 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 1245 of 2015

Judge

AA Omollo

The court found that the only valid lease was between the plaintiff and the 1st defendant, which expired by effluxion of time. No lease was ever executed between the plaintiff and the 2nd defendant. The 2nd defendant's occupation was not supported by any concluded agreement or enforceable representation by the plaintiff. The acceptance of rent by the plaintiff was expressly on a 'without prejudice' basis and did not create a tenancy. The doctrine of proprietary estoppel was not established as there was no clear, unequivocal representation or detrimental reliance. The claim of a controlled ten…

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• Lease Termination
• Mesne Profits
• Proprietary Estoppel
• Controlled Tenancy
• Vacant Possession
• Trespass

Singh v Kenya Ports Authority & 3 others

Singh v Kenya Ports Authority & 3 others [2025] KEELC 5247 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Constitutional Petition E027 of 2022

Judge

LL Naikuni

The court found that the 1st and 2nd respondents violated the petitioner's constitutional rights by encroaching and constructing public infrastructure on his land without following the mandatory procedure for compulsory acquisition as set out in the Land Act and the Constitution. The respondents failed to issue a valid notice of intention to acquire, did not conduct the required inquiry, and did not pay prompt and just compensation. The court held that the petitioner's right to property under Article 40 and to fair administrative action under Article 47 were breached. The continued occupation…

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• Compulsory Acquisition
• Right To Property
• Fair Administrative Action
• Mesne Profits
• Public Interest Land Use
• Compensation For Expropriation

Syan & 2 others v Kihoro

Syan & 2 others v Kihoro [2025] KEELC 5176 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 517 of 2017

Judge

CA Ochieng

The court found that the plaintiffs had proved their claim for rent arrears against the defendant, who continued to occupy the suit premises after expiry of the lease without paying rent and without the plaintiffs' consent. The defendant failed to tender any evidence or submissions to challenge the plaintiffs' case. The court held that the plaintiffs were entitled to rent arrears for the period of unlawful occupation, calculated from the date of filing suit up to the date of eviction, amounting to Ksh. 6,120,000. The court declined to award mesne profits as this was not specifically pleaded,…

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• Tenancy Disputes
• Rent Arrears
• Eviction
• Mesne Profits
• Pleadings And Proof

Nderitu v Muhotetu Farmers Company Ltd & another

Nderitu v Muhotetu Farmers Company Ltd & another [2025] KECA 1227 (KLR)

Court

Court of Appeal

Case number

Civil Application E135 of 2024

Judges

S ole Kantai, JW Lessit, AO Muchelule

The Court of Appeal held that while the applicant raised arguable issues on appeal, including the application of lis pendens and proprietary estoppel, he failed to demonstrate that the intended appeal would be rendered nugatory if stay was not granted. The property in question had been sold and transferred to the 2nd respondent over ten years prior, and the 2nd respondent was in actual possession as the registered owner. The applicant did not challenge these facts or show that he would suffer irreparable harm that could not be compensated by damages. The court found that there was nothing lef…

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• Stay Of Execution
• Proprietary Estoppel
• Lis Pendens
• Mesne Profits
• Eviction Orders

Njoroge v Wang’ondu

Njoroge v Wang’ondu [2025] KEELC 5113 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E005 of 2022

Judge

JA Mogeni

The Plaintiff established, through documentary evidence and unchallenged testimony, that she is the registered proprietor of the suit land, Thika Municipality Block 38/258. The Defendant admitted to encroachment and occupation but failed to vacate or compensate the Plaintiff as agreed. The Land Registration Act vests absolute ownership and rights in the registered proprietor, and the Defendant's occupation was without legal basis or consent. The Plaintiff's right to possession and enjoyment of her property was violated. The Defendant did not rebut the Plaintiff's case or provide evidence to c…

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• Proprietary Rights
• Eviction Orders
• Mesne Profits
• Title Registration