Kenya Case Law

Ongany (Suing as the Personal Representative of the Estate of Juma Ondenge - Deceased) & another v District Land Registrar (Nyando, Nyakach and Muhoroni) & 5 others; Bondo & 2 others (Interested Parties)

Ongany (Suing as the Personal Representative of the Estate of Juma Ondenge - Deceased) & another v District Land Registrar (Nyando, Nyakach and Muhoroni) & 5 others; Bondo & 2 others (Interested Parties) [2025] KEELC 5400 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition E001 of 2023

Judge

SO Okong'o

The court found that the process by which the boundaries between the petitioners' land (Kisumu/Koguta East/585) and the neighbouring parcels (576 and 579) were determined was fundamentally flawed and unlawful. The Interested Parties and the 3rd Respondent (Principal Magistrate) did not follow the statutory procedure for boundary determination as set out in Sections 18 and 19 of the Land Registration Act and Regulations 40 and 41 of the Land Registration (General) Regulations, 2017. The process was initiated and executed through ex parte court orders without notice or hearing to the petitioner…

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• Boundary Disputes
• Fair Administrative Action
• Natural Justice
• Land Registration
• Procedural Fairness
• Property Rights

Turere v Thindu & 6 others

Turere v Thindu & 6 others [2025] KEELC 5443 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition 158 of 2018

Judge

LC Komingoi

The court found that although the petition was improperly brought as a constitutional petition rather than an ordinary civil suit, it proceeded to determine the merits due to the protracted history of the case. The evidence demonstrated that the petitioner had entered into valid, written sale agreements with the 1st to 4th respondents, received the agreed purchase price, and participated in the subdivision and transfer process, including obtaining Land Control Board consent. The court found no credible evidence of fraud or illegality in the transfer of the land. The petitioner's claims of ill…

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• Fraudulent Land Transfer
• Limitation Of Actions
• Land Title Registration
• Constitutional Avoidance
• Property Rights
• Land Disputes Tribunal Jurisdiction

Kenduiywo & 8 others v National Land Commission & 5 others

Kenduiywo & 8 others v National Land Commission & 5 others [2025] KEELC 5308 (KLR)

Court

Environment and Land Court

Case number

Constitutional Petition 15 of 2019

Judge

MN Kullow

The court found that the National Land Commission acted outside its constitutional and statutory mandate by revoking the petitioners' land titles without affording them notice, a hearing, or an opportunity to participate in the proceedings, in breach of Articles 47 and 50(1) of the Constitution and Section 4 of the Fair Administrative Action Act. The court held that the NLC's powers to review titles are limited to public land and must be exercised with strict adherence to procedural fairness. The petitioners' titles were not proven to have been fraudulently or unlawfully acquired, and the res…

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• Title Revocation
• Fair Administrative Action
• Natural Justice
• Judicial Review
• Property Rights
• Res Judicata

Ounga & another v Land Registrar Kisumu & another; Leo Investments Ltd (Interested Party)

Ounga & another v Land Registrar Kisumu & another; Leo Investments Ltd (Interested Party) [2025] KEELC 5234 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E005 of 2024

Judge

SO Okong'o

The court held that while the determination of boundary disputes falls within the statutory mandate of the Land Registrar, the Environment and Land Court retains jurisdiction to adjudicate claims of constitutional violations arising from such processes. The Petitioners' rights to access information and fair hearing were infringed when the 1st Respondent failed to provide requested documents necessary for the Petitioners to prepare their defense in the boundary dispute. The court found no procedural fault in the issuance of the summons but determined that the refusal to supply information comp…

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• Boundary Disputes
• Right To Information
• Fair Administrative Action
• Fair Hearing
• Land Registration
• Property Rights

Kariuki & another (Suing on Behalf of Mpeketoni Plot Owners) v County Government of Lamu & 4 others

Kariuki & another (Suing on Behalf of Mpeketoni Plot Owners) v County Government of Lamu & 4 others [2025] KEELC 5031 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition E013 of 2025

Judge

EK Makori

The court found that the applicants failed to demonstrate a prima facie case with a likelihood of success or to show that they would suffer irreparable harm if conservatory orders were not granted. Evidence presented by the respondents established that public participation occurred through notices and meetings, and that the applicants themselves acknowledged such meetings took place. The court held that the issues of public participation, discrimination against vulnerable groups, and the imposition of land rates on freeholds are central to the main petition and should be determined at trial,…

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• Public Participation
• Property Rights
• County Legislation
• Land Rates
• Conservatory Orders
• Administrative Procedure

Shwashwa & another (Voi Liquor Business Owners Community Based Organisation Suing through its officials) v Voi Sub-County Police Commander & 5 others; County Government of Taita-Taveta (Interested Party)

Shwashwa & another (Voi Liquor Business Owners Community Based Organisation Suing through its officials) v Voi Sub-County Police Commander & 5 others; County Government of Taita-Taveta (Interested Party) [2025] KEHC 9468 (KLR)

Court

High Court

Case number

Constitutional Petition E002 of 2024

Judge

AN Ongeri

The court found that the directives issued by the Cabinet Secretary for Interior and the Deputy President, which ordered the closure of bars in residential areas and restricted operating hours, were unconstitutional as they lacked a legal framework, were issued without public participation, and unlawfully usurped county government powers over liquor licensing. The court held that liquor licensing is a devolved function under the Constitution and the Taita-Taveta County Alcoholic Drinks Control and Licensing Act, 2016, and that the national government cannot override county laws without consti…

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• Devolution Of Powers
• Liquor Licensing
• Fair Administrative Action
• Property Rights
• Procedural Fairness
• Economic Rights

Laikipia Conservancies Association v County Government of Laikipia & another

Laikipia Conservancies Association v County Government of Laikipia & another [2025] KEHC 8924 (KLR)

Court

High Court

Case number

Constitutional Petition E001 of 2024

Judge

AK Ndung'u

The court found that the Laikipia County Finance Act, 2024 was enacted without adequate and meaningful public participation, as the process was limited, inaccessible, and failed to provide reasonable notice or opportunity for stakeholders to engage. The County Assembly introduced substantive amendments, including a significant increase in land rates, without subjecting them to fresh public participation, contrary to constitutional requirements. The Act also imposed taxes and levies on functions reserved for the national government (such as aircraft landing charges, telecommunication installat…

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• Public Participation
• County Taxation Powers
• Double Taxation
• Separation Of Powers
• Discrimination In Taxation
• Property Rights

Wanja v Director of Public Prosecution

Wanja v Director of Public Prosecution [2025] KEHC 8782 (KLR)

Court

High Court

Case number

Anti-Corruption and Economic Crimes Application 4 of 2023

Judge

LM Njuguna

The High Court allowed an application to refund Ksh 650,000 in fine money after the applicant’s conviction was quashed on appeal and sentence set aside.

• Refund Of Fine
• Quashing Of Conviction
• Criminal Appeal Procedure
• Property Rights
• Refund-of-fine
• Quashing-of-conviction

Sirng’ewo (Suing as the Personal Representative of the Estate of Kimutai Arap Murei) v County Land Adjudication & Settlement Officer- Trans Nzoia & another; Chumi & another (Interested Parties)

Sirng’ewo (Suing as the Personal Representative of the Estate of Kimutai Arap Murei) v County Land Adjudication & Settlement Officer- Trans Nzoia & another; Chumi & another (Interested Parties) [2025] KEELC 4312 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Case E001 of 2025

Judge

CK Nzili

The court dismissed a judicial review challenge to subdivision of settlement scheme land, finding the applicant failed to prove illegality, unfairness, or lack of jurisdiction.

• Settlement Schemes
• Land Adjudication
• Fair Administrative Action
• Statutory Duties
• Property Rights
• Judicial Review

Fatania & 6 others v Nairobi City County Government; Greenview Developers Ltd (Interested Party)

Fatania & 6 others v Nairobi City County Government; Greenview Developers Ltd (Interested Party) [2025] KEELC 4382 (KLR)

Court

Environment and Land Court

Case number

Environment and Planning Judicial Review E005 of 2024

Judge

AA Omollo

The court quashed county enforcement notices ordering residents to vacate unsafe houses, finding procedural unfairness and lack of reasons under planning law.

• Judicial Review Procedure
• Enforcement Notices
• Right To Fair Hearing
• Property Rights
• Natural Justice
• Judicial-review