Kenya Case Law

Serem & 3 others (Suing as Personal Representatives of the Estate of the Late Michael Kibet arap Serem) v Ndiwa

Serem & 3 others (Suing as Personal Representatives of the Estate of the Late Michael Kibet arap Serem) v Ndiwa [2025] KEELC 4416 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 42 of 2020

Judge

CK Nzili

The court held that the land sale agreement was rescinded for the buyer’s breach, found the contract void for lack of Land Control Board consent, and dismissed the counterclaim.

• Sale Of Land
• Breach Of Contract
• Rescission Of Contract
• Land Control Board Consent
• Specific Performance
• Liquidated Damages

Gachu & another v Ndocha & another

Gachu & another v Ndocha & another [2025] KEELC 3985 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 41 of 2008

Judge

OA Angote

The court found that both the Plaintiffs and the 1st Defendant breached the sale agreements: the Plaintiffs by failing to pay rent as required under the lease and by taking possession before completion, and the 1st Defendant by failing to provide completion documents and effect transfer. The agreements were thus rescinded. The Plaintiffs were not entitled to specific performance due to their own breach and lack of clean hands, nor to general damages for breach of contract as such damages must be specifically pleaded and proved. However, the Plaintiffs were entitled to a refund of all monies p…

Source excerpt

• Specific Performance
• Breach Of Contract
• Rescission Of Contract
• Refund Of Purchase Price
• Tenancy And Possession
• Remedies In Contract

Njenga v Rajmuk Investments Limited & 3 others

Njenga v Rajmuk Investments Limited & 3 others [2025] KEELC 4023 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 1157 of 2016

Judge

LN Mbugua

The court found both sides breached a land sale agreement and refused specific performance. It ordered a refund of Ksh 4,026,000 less set-offs.

• Sale Of Land Contracts
• Specific Performance
• Breach Of Contract
• Rescission Of Contract
• Unjust Enrichment
• Vacant Possession

Catholic Diocese of Nakuru Registered Trustees v Letizia & another

Catholic Diocese of Nakuru Registered Trustees v Letizia & another [2025] KEELC 3426 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons 62 of 2020

Judge

FM Njoroge

The court found the vendors breached a land sale agreement by failing to provide completion documents and ordered refund of the deposit with interest.

• Breach Of Contract
• Sale Of Land
• Rescission Of Contract
• Refund Of Deposit
• Completion Documents
• Specific Performance

Mbutu v Mwangangi

Mbutu v Mwangangi [2025] KEELC 3169 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E001 of 2023

Judge

AY Koross

The trial magistrate erred in the exercise of discretion by granting temporary injunctive orders because the respondent's potential loss could be compensated by damages, the balance of convenience tilted in favour of the appellant who was in possession, and an injunction could not be issued to restrain an act that had already occurred (appellant being in possession), effectively serving as a mandatory injunction. Therefore, the threshold for granting temporary injunctions (prima facie case, irreparable injury, and balance of convenience) was not fully met.

Source excerpt

• Interlocutory Injunctions
• Land Sale Disputes
• Exercise Of Judicial Discretion
• Possession And Occupation
• Rescission Of Contract
• Appellate Review

Barng’etuny v Kenya Oil Company

Barng’etuny v Kenya Oil Company [2025] KEELC 2847 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 340 of 2012

Judge

EO Obaga

The court held that a 1992 sale agreement over the land was lawfully rescinded, the lease was not validly extended, and the defendant remained a tenant liable to assessed rent and eviction.

• Lease Agreements
• Sale Of Land
• Rescission Of Contract
• Eviction Orders
• Mesne Profits
• Adverse Possession

Wandemi Developers Limited v Ndegwa

Wandemi Developers Limited v Ndegwa [2025] KECA 431 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 217 of 2019

Judges

P Nyamweya, AO Muchelule, GV Odunga

The Court of Appeal upheld specific performance of a land sale agreement, finding the seller had accepted late payments and could not rescind after waiving strict time limits.

• Specific Performance
• Rescission Of Contract
• Sale Of Land
• Waiver And Estoppel
• Contractual Variation
• Specific-performance

Nguthi v Mwangi

Nguthi v Mwangi [2025] KEHC 2502 (KLR)

Court

High Court

Case number

Civil Appeal 2 of 2018

Judge

AK Ndung'u

The High Court lacks jurisdiction to entertain an appeal arising from a dispute concerning the sale of land because such disputes fall exclusively within the jurisdiction of the Environment and Land Court as established under Article 162(2)(b) of the Constitution and the Environment and Land Court Act, as the predominant purpose of these transactions is the sale of land.

Source excerpt

• Sale Of Land
• Jurisdiction
• Land Control Board Consent
• Rescission Of Contract
• Refund Of Purchase Price

Boss v Registered Trustees Serve in Love Africa (SILA) Trust & others

Boss v Registered Trustees Serve in Love Africa (SILA) Trust & others [2025] KEELC 220 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 193 of 2017

Judge

EO Obaga

The court held that the plaintiff was entitled to costs after suing to recover money paid under a frustrated land sale agreement, but declined to award interest.

• Sale Of Land
• Rescission Of Contract
• Costs Follow Event
• Interest On Debt
• Costs-follow-event
• Land-sale-agreement

Ndegwa & 3 others v Kipngetich & 2 others

Ndegwa & 3 others v Kipngetich & 2 others [2024] KEELC 13566 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E028 of 2023

Judge

CA Ochieng

The court upheld the respondent’s land claim, finding the sale agreement was not properly rescinded and the later purchasers were not bona fide purchasers.

• Sale Of Land
• Rescission Of Contract
• Bona Fide Purchaser
• Title Registration
• Fraud In Land Transactions
• Specific Performance