Kenya Case Law

Ali v Ibrahim (Suing as administrator and legal representative of the Late Sebit Abdalla Sebit) & another

Ali v Ibrahim (Suing as administrator and legal representative of the Late Sebit Abdalla Sebit) & another (Civil Appeal (Application) E133 of 2025) [2026] KECA 720 (KLR) (10 April 2026) (Ruling)

Court

Court of Appeal

Case number

Civil Appeal (Application) E133 of 2025

The Court of Appeal dismissed an application for stay of execution pending appeal, finding no bona fide arguable ground had been shown.

• Stay-of-execution
• Title-cancellation
• Proprietary-rights
• Appeal-procedure
• Land-title-dispute
• Court-of-appeal-ruling

Ododa v Mitei & 3 others

Court

Environment and Land Court

Case number

Environment and Land Petition E003 of 2024

The court dismissed the constitutional petition as res judicata, holding the same dispute had already been determined in Kericho ELC Petition No. 2 of 2023.

• Res-judicata
• Constitutional-petition-threshold
• Eviction
• Public-auction-sale-of-land
• Proprietary-rights
• Constitutional-avoidance

Gathuku & 21 others v Njenga & 2 others

Court

Environment and Land Court

Case number

Environment and Land Case 109 of 2024

The Environment and Land Court held that a prior trespass suit did not bar this ownership claim, so the res judicata application failed and was dismissed with costs.

• Res-judicata
• Preliminary-objection
• Trespass-to-land
• Declaratory-relief
• Proprietary-rights
• Specific-performance

Suriya & 3 others v The Business Premises Rent Tribunal & another; Iqbaal (Interested Party)

Court

Environment and Land Court

Case number

Judicial Review Application E006 of 2025

The court upheld a preliminary objection, holding that the applicants’ challenges to the tribunal judgment were appellate in nature and not suitable for judicial review.

• Certiorari
• Prohibition
• Jurisdiction
• Preliminary-objection
• Controlled-tenancy
• Discretionary-remedy

Boss Freight Terminal Limited v Kenya Railways Corporation & another

Boss Freight Terminal Limited v Kenya Railways Corporation & another [2025] KEELC 5450 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E060 of 2025

Judge

SM Kibunja

The court granted temporary and mandatory injunctions protecting the plaintiff’s registered land pending trial, finding a prima facie case and irreparable harm.

• Interlocutory-injunctions
• Proprietary-rights
• Title-challenges
• Balance-of-convenience
• Irreparable-injury
• Land-ownership-disputes

Otieno v County Government of Trans Nzoia

Court

Environment and Land Court

Case number

Environment and Land Case E008 of 2023

The court found the county had not proved a lawful basis to open an access road across the plaintiff’s land and granted a permanent injunction, but declined a declaration.

• Trespass-to-land
• Access-roads
• Public-roads
• Survey-maps-and-beacon-re-establishment
• Permanent-injunction
• Declaratory-relief

Githui v Njeri & another

Githui v Njeri & another [2025] KEELC 4970 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E003 of 2025

Judge

JM Kamau

The Environment and Land Court dismissed a land claim after finding the plaintiff’s succession documents unreliable, unsigned, and inadequately proved.

• Land-restrictions
• Succession-and-transmission
• Proprietary-rights
• Matrimonial-property
• Grant-authenticity
• Succession-transmission

Nduva (Suing as the Legal Representative of the Estate of Serah Munee Mutula) v Muchiri, Simiyu & Moseti (Sued as the Trustees of P&T Employees Housing Co-operative Society Ltd) & another

Nduva (Suing as the Legal Representative of the Estate of Serah Munee Mutula) v Muchiri, Simiyu & Moseti (Sued as the Trustees of P&T Employees Housing Co-operative Society Ltd) & another [2025] KEELC 4702 (KLR)

Court

Environment and Land Court

Case number

Land Case E031 of 2024

Judge

NA Matheka

The Environment and Land Court at Machakos granted a status quo order in a land dispute, pending trial, over allegations of fraudulent transfer and subdivision.

• Interlocutory-injunctions
• Fraudulent-transfer-of-land
• Proprietary-rights
• Subdivision-of-land
• Status-quo-orders

Brothers of Our Lady Mother of Mercy Registered Trustees v Land Registrar, Nakuru Land Registry

Brothers of Our Lady Mother of Mercy Registered Trustees v Land Registrar, Nakuru Land Registry [2025] KEELC 4590 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E001 of 2025

Judge

MAO Odeny

The Environment and Land Court ordered the Nakuru Land Registrar to lift a restriction on Nakuru Municipality Block 23/523 after finding the applicant was the lawful owner and had applied without action.

• Removal-of-land-restriction
• Mandamus-orders
• Land-registration
• Proprietary-rights
• Judicial-review
• Public-law-remedies

Galaxy Merchant’s Limited & another v Kwagara & another

Galaxy Merchant’s Limited & another v Kwagara & another [2025] KEELC 5024 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E013 of 2024

Judge

JO Mboya

The Environment and Land Court allowed the appeal, set aside orders of injunction and refund against the appellants, and held the dispute lay against the original vendor.

• Privity-of-contract
• Permanent-injunctions
• Breach-of-contract
• Refund-of-purchase-price
• Proprietary-rights
• Interest-awards