Kenya Case Law

Mazera & 3 others (Suing on their own behalf and on behalf of their families and all the members and residents of the Rabai Community, living on plot Kilifi/Kingung’una/15 situated in Ribe Location, Kingung’una Area) v Masinde & 7 others

Mazera & 3 others (Suing on their own behalf and on behalf of their families and all the members and residents of the Rabai Community, living on plot Kilifi/Kingung’una/15 situated in Ribe Location, Kingung’una Area) v Masinde & 7 others [2025] KEELC 1263 (KLR)

Court

Environment and Land Court

Case number

Petition 4 of 2017

Judge

EK Makori

The petitioners' claims that the land in question is community land and was improperly allocated are dismissed because they failed to demonstrate that they followed the legislative procedures under the Community Land Act and the Land Adjudication Act to acquire or challenge the registration of the land. The proper course of action for challenging the outcome of the adjudication process was through the mechanisms provided within the Land Adjudication Act, culminating in Judicial Review, not a direct constitutional petition.

Source excerpt

• Community Land Rights
• Land Adjudication Process
• Constitutional Petitions
• Public Land Trust

Maina & 2 others v Ndichu & another; County Government of Kiambu (Applicant)

Maina & 2 others v Ndichu & another; County Government of Kiambu (Applicant) [2024] KEELC 5823 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 69 of 2020

Judge

BM Eboso

The Environment and Land Court rejected Kiambu County’s post-judgment bid to join the suit and review the judgment, finding no exceptional basis for joinder.

• Joinder Of Parties
• Review Of Judgment
• Public Land Trust
• Title To Land
• Post Judgment Relief
• Joinder-of-parties

Mulyungi v Kassim & 13 others; County Government of Busia (Interested Party)

Mulyungi v Kassim & 13 others; County Government of Busia (Interested Party) [2023] KEELC 16045 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 1 of 2021

Judge

BN Olao

The court found that the subject parcels in the cases sought to be consolidated are all subdivisions of the parent title BUKHAYO/MUNDIKA/101, and that the issues in dispute are sufficiently similar to warrant consolidation. Although the applicant did not initially provide pleadings from the other suits, the court called for and perused the relevant files, confirming the overlap in subject matter. The court held that consolidation would promote judicial efficiency, avoid conflicting decisions, and serve the overriding objectives of the Civil Procedure Act and the Constitution. The potential co…

Source excerpt

• Consolidation Of Suits
• Transfer Of Suits
• Public Land Trust
• Fraudulent Land Subdivision

Kabiru & another (suing as the administrators of the Estate of Amos Kabiru Kimemia (Deceased)) v Kenya National Highway Authority

Kabiru & another (suing as the administrators of the Estate of Amos Kabiru Kimemia (Deceased)) v Kenya National Highway Authority [2022] KEELC 2696 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 149 of 2018

Judge

LA Omollo

The court found that the Defendant, Kenya National Highway Authority, acted within its statutory mandate under the Kenya Roads Act and Traffic Act in issuing the notice to the Plaintiffs to remove structures encroaching on the road reserve. The evidence, including historical survey maps and expert testimony, established that part of Nakuru Municipality Block 16/485 was hived off from the road reserve through an amalgamation process that concealed the excision. The Plaintiffs failed to explain the root of their title or provide evidence of lawful allocation, and their surveyor's report reveale…

Source excerpt

• Road Reserve Encroachment
• Title Indefeasibility
• Public Land Trust
• Building Approvals
• Boundary Determination
• Compensation Claims

County Government Of Kisumu v National Land Commission;Elijah Kimely Keshio & 2 others (Interested Parties)

County Government Of Kisumu v National Land Commission;Elijah Kimely Keshio & 2 others (Interested Parties) [2020] KEHC 7845 (KLR)

Court

High Court

Case number

Petition 4 of 2019

The court found that the National Land Commission failed to properly notify or accord the County Government of Kisumu an opportunity to be heard in proceedings that had the effect of altering county boundaries and affecting public land held in trust by the county. The Commission's recommendation, though not expressly mentioning boundary alteration, was understood by the parties to have such an effect. The failure to serve the petitioner with a claim requiring its response meant the petitioner was denied a fair hearing. Furthermore, the Commission acted beyond its constitutional mandate by mak…

Source excerpt

• Right To Fair Hearing
• County Boundaries
• Ultra Vires Actions
• Public Land Trust
• Historical Land Injustices

Shajanand Holdings Ltd v Michael Kiptorus & County Government of Kisumu; District Land Registrar – Kisumu & National Land Commission (Interested Parties)

Shajanand Holdings Ltd v Michael Kiptorus & County Government of Kisumu; District Land Registrar – Kisumu & National Land Commission (Interested Parties) [2019] KEELC 736 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 240 of 2015

The court upheld Shajanand Holdings Ltd’s title to KISUMU MUNICIPALITY/BLOCK 4/154, dismissed fraud allegations, ordered eviction of the 1st defendant, and rejected the counter-claim.

• Eviction
• Title Registration
• Fraudulent Transfer
• Public Land Trust
• Land-title-dispute
• Fraud

County Council of Baringo v David Roberts Wildlife Limited

County Council of Baringo v David Roberts Wildlife Limited [2019] KEELC 1892 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 171 of 2012

The Environment and Land Court at Nakuru declined to dismiss this land dispute for want of prosecution, citing public interest and allowing the suit to proceed.

• Want Of Prosecution
• Public Land Trust
• Successor Liability
• Statute Barred Actions
• Want-of-prosecution
• Land-dispute

Riruta Stalls Operations Group suing through the Chairman – George Mbugua Vice Chairman-Silvano Njagi Mbugua, Member – Simon Muya Mwangi, Member – Dorcas Bonareri Obare, Member – Eva Nyokabi Muthondu v Samuel Ndung’u Njoroge & Nairobi City County

Riruta Stalls Operations Group suing through the Chairman – George Mbugua Vice Chairman-Silvano Njagi Mbugua, Member – Simon Muya Mwangi, Member – Dorcas Bonareri Obare, Member – Eva Nyokabi Muthondu v Samuel Ndung’u Njoroge & Nairobi City County [2018] KEELC 1201 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 751 of 2016

Judge

LC Komingoi

The court found that there was no evidence that the alleged contemnors, specifically Dr. Ayisi and the 1st defendant, were personally served with the court order or were otherwise made aware of its existence. The affidavits of service indicated that service was effected on individuals who were not parties to the suit or not in positions of responsibility for the alleged acts. The court emphasized that contempt proceedings require strict proof of service or knowledge of the order and willful disobedience. The applicant failed to discharge the burden of proof required for contempt, as there was…

Source excerpt

• Contempt Of Court
• Service Of Process
• Injunctions
• Public Land Trust
• Burden Of Proof

Markaba Abdullahi Alasow v Amina Abdi Rahoy & Suban Abdullahi

Markaba Abdullahi Alasow v Amina Abdi Rahoy & Suban Abdullahi [2017] KEELC 314 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 14 of 2017

The court found that both parties presented documents purporting to show allocation of the disputed land by the County Government of Mandera, but neither provided essential supporting documents such as a physical development plan or allocation committee minutes. The court concluded that the applicant failed to establish a prima facie case or demonstrate irreparable harm, and thus did not meet the threshold for the grant of an injunction. In the absence of clear evidence of ownership, the court determined the matter on the balance of convenience, which did not favor the applicant. Consequently…

Source excerpt

• Injunctive Relief
• Double Allocation
• Public Land Trust
• Ownership Disputes

Kakuzi Limited v County Government of Murang’a, County Commissioner - Muranga County & Inspector General of Police

Kakuzi Limited v County Government of Murang’a, County Commissioner - Muranga County & Inspector General of Police [2017] KEHC 7193 (KLR)

Court

High Court

Case number

Petition 8 of 2013

Judge

DW Mbuteti

The High Court declined to review its earlier ruling on interim injunctions over two parcels, holding the dispute raised land ownership issues for the Environment and Land Court.

• Public Land Trust
• Injunctions
• Review Of Court Orders
• Ownership Of Land
• Review-of-court-orders
• Land-ownership