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Kenya decisions
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Kathini v LKK & 3 others [2025] KEELC 5424 (KLR)
The court held that the disputed land was matrimonial property, spousal consent was required, and the appellant could not rely on bona fide purchaser status. The appeal was dismissed.
Ngugi & 2 others (Suing in their capacity as administrators of the Estate of Harrison Ngugi Nduati) v Wanjiru & another; Muthama (Interested Party) [2025] KEELC 5115 (KLR)
The court found that the applicants, as administrators of the estate of Harrison Ngugi Nduati, had proved their claim to the suit land on a balance of probabilities. The only direct evidence regarding the transactions came from the interested party, who admitted in court that he had promised to give the applicants' family one acre of land as compensation for land he had sold at Kakuzi, effectively acknowledging non-payment for that portion. The respondents failed to provide admissible evidence of an overriding interest or to testify in support of their claim. The court held that the responden…
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Gakuru & 4 others v Muhindi [2025] KEELC 4984 (KLR)
The court found that the appellants failed to prove the existence of a customary trust over the suit properties, as there was no evidence that the land was family, clan, or group land prior to first registration, nor that the appellants were entitled to registration. The evidence showed that the 1st defendant acquired the land before marrying the 1st appellant, and the family had already relocated to another property purchased with the sale proceeds. The respondent lawfully acquired the properties as a bona fide purchaser for value with Land Control Board consent and without notice of any def…
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Muinga v Ndunda [2025] KEELC 4730 (KLR)
The Environment and Land Court held that a constructive trust subsisted over family land, allowing the appeal and dismissing the respondent’s suit.
Mwangi & 10 others v Hopewell Enterprises Limited & 2 others [2025] KEELC 4604 (KLR)
The court found the plaintiffs had valid sale agreements, paid for the plots, occupied and developed them, and were entitled to declarations, transfer, and cancellation of a fraudulent title.
Chirchir (Also known as John Chirchir) v Bor [2025] KEELC 560 (KLR)
The court dismissed a review application seeking cancellation and surrender of a land certificate, holding the new relief was not pleaded and no review ground was shown.
ZAS v MKO [2024] KEHC 15793 (KLR)
The High Court at Kisumu declined to declare matrimonial property rights, but granted permanent injunctions restraining interference with Venmar School and the applicant’s occupation.
Muiruri & another v Ngugi [2024] KEELC 13337 (KLR)
The appellate court found that while there was an admission of a sale agreement between the respondent and the 1st appellant, there was no credible evidence of payment of the purchase price, as required by law. The transaction failed to comply with statutory requirements: there was no written consent from the co-tenant as mandated by the Land Registration Act, nor was there consent from the Commissioner of Lands as required by the title conditions. Furthermore, the 2nd appellant, as a spouse, held an overriding equitable interest in the matrimonial property, and her consent was neither sought…
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Salaash & another v Partoti & another [2024] KEELC 7460 (KLR)
The court dismissed an adverse possession claim over land in Kajiado, finding the plaintiffs had not proved 12 years’ occupation or any overriding interest.
Mohamed & another v Omar & 5 others [2024] KECA 1565 (KLR)
The Court of Appeal granted stay of execution pending appeal, finding the applicants had an arguable appeal and risked irreversible loss if eviction proceeded.
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