Kenya Case Law

Keny & 7 others v Principal Secretary Ministry of Lands, Housing and Urban Development & 4 others

Keny & 7 others v Principal Secretary Ministry of Lands, Housing and Urban Development & 4 others [2025] KEELC 5370 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Constitutional Petition 6 of 2017

Judge

LA Omollo

The court found that the National Land Commission had substantially complied with the structural interdict orders issued in the 2018 judgment, having filed the required list of beneficiaries after a process involving relevant stakeholders. While the Petitioners raised objections regarding exclusion from the list and alleged lack of transparency, the court determined that these grievances pertained to the process and legitimacy of the report, which should be addressed in a different forum. The court emphasized that all procedural steps outlined in the precedent on structural interdicts were fo…

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• Eviction And Resettlement
• Right To Property
• Structural Interdicts
• Public Land Management
• Compensation For Eviction

Shiundu v Agricultural Development Corporation & 3 others

Shiundu v Agricultural Development Corporation & 3 others [2025] KEELC 5336 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition E004 of 2017

Judge

MC Oundo

The court found that the Petitioner had established a valid legal interest in L.R No. 280XXXX1, having complied with all procedural requirements for allocation, payment, transfer, and registration. The 1st Respondent failed to produce admissible evidence of its competing title or substantiate allegations of fraud or forgery against the Petitioner. The issuance of parallel titles and administrative actions by the 1st Respondent, including attempts to allocate the land to the 2nd Respondent, were unlawful, unprocedural, and violated the Petitioner’s rights under Articles 40 and 47 of the Consti…

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• Land Title Disputes
• Right To Property
• Fair Administrative Action
• Legitimate Expectation
• Fraud And Forgery Allegations
• Competing Titles

Kaiti v OCS Kakamega Police Station & another

Kaiti v OCS Kakamega Police Station & another [2025] KEHC 10610 (KLR)

Court

High Court

Case number

Constitutional Petition E004 of 2024

Judge

SC Chirchir

The court found that there is a direct conflict between the national and county legislation regarding the minimum distance required between liquor-licensed premises and learning institutions for minors. Applying Article 191(2)(b)(i) of the Constitution, the court held that the national legislation prevails because its object is to protect the health and welfare of children, a matter of national interest. The county law is inoperative to the extent of its inconsistency with the national law. The court further held that the public interest in protecting children and upholding the right to healt…

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• Conflict Of Laws
• Liquor Licensing
• County Legislation Vs National Legislation
• Right To Property
• Children's Rights
• Public Health

Hilltop Engineering and Technical Services Limited & 2 others v Kilonzo & 5 others

Hilltop Engineering and Technical Services Limited & 2 others v Kilonzo & 5 others [2025] KEELC 5446 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 12 of 2020

Judge

MD Mwangi

The court found that the issue of res judicata could not be properly determined by way of a preliminary objection, as it required the court to consider evidence regarding the existence and content of a prior judgment, the parties involved, and the subject matter. The Respondents failed to provide the necessary material evidence to establish res judicata, and the parties and subject matter in the previous Land Disputes Tribunal case were not identical to those in the present suit. The Magistrate erred in dismissing the suit as res judicata without proper inquiry or evidence. Consequently, the…

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• Res Judicata
• Preliminary Objection
• Jurisdiction
• Eviction
• Right To Property

Wanyonyi v Nyongesa & 6 others

Wanyonyi v Nyongesa & 6 others [2025] KEELC 5328 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 2 of 2023

Judge

CK Nzili

The court found the plaintiff proved title and immediate possession of the land, held the defendants trespassed, and granted injunction and eviction orders.

• Trespass To Land
• Eviction Orders
• Title Registration
• Right To Property
• Trespass-to-land
• Eviction-orders

Bargochut v Birir & 13 others

Bargochut v Birir & 13 others [2025] KEELC 5316 (KLR)

Court

Environment and Land Court

Case number

Petition 07 of 2018

Judge

MN Kullow

The court found that the Petitioner failed to specifically plead and strictly prove fraud as required by law. The evidence presented—copies of the green card and official searches—did not establish any fraudulent acts or collusion by the Respondents. The Petitioner did not demonstrate that she had a registered, beneficial, or otherwise legally recognized interest in the suit land, nor did she provide any grant of letters of administration or confirmation of grant to show authority to act on behalf of her late father’s estate. The court held that Article 40 protection is limited to lawfully ac…

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• Land Adjudication
• Fraudulent Title Claims
• Right To Property
• Succession And Beneficial Interest
• Fair Hearing
• Limitation And Laches

Nganga & 28 others v Kenya Railways Corporation & 2 others

Nganga & 28 others v Kenya Railways Corporation & 2 others [2025] KEELC 5149 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition E002 of 2024

Judge

MC Oundo

The court found that the petitioners failed to meet the threshold for a constitutional petition as established in Anarita Karimi Njeru v Republic, having not pleaded with precision nor provided evidence of actual or threatened violation of constitutional rights. The dispute centered on alleged compulsory acquisition and validity of land titles, but no evidence was adduced of any formal acquisition process or communication by the respondents. The court held that the core issues—whether the petitioners' titles were valid or fraudulently obtained, and whether they were bona fide purchasers—are f…

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• Right To Property
• Compulsory Acquisition
• Public Land
• Bona Fide Purchaser
• Constitutional Avoidance
• Fraud In Title

JAJ Superpower Cash & Carry Limited v Cabinet Secretary Ministry of Interior & National Admin & 4 others

JAJ Superpower Cash & Carry Limited v Cabinet Secretary Ministry of Interior & National Admin & 4 others [2025] KEELC 5273 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition E014 of 2024

Judge

AA Omollo

The court found that while the Petitioner obtained a construction permit from the 2nd Respondent, it failed to secure the necessary approvals from the 4th and 5th Respondents for the boundary wall, as required by law and the permit conditions. The Petitioner did not provide expert evidence to prove that the wall was outside the riparian reserve, nor did it comply with the minimum distance requirements set out in the relevant statutes and regulations. The demolition of the wall was not a violation of the Petitioner’s proprietary rights under Article 40, as the wall was constructed on public ri…

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• Riparian Reserves
• Right To Property
• Fair Administrative Action
• Environmental Impact Assessment
• Public Land
• Compensation For Demolition

Singh v Kenya Ports Authority & 3 others

Singh v Kenya Ports Authority & 3 others [2025] KEELC 5247 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Constitutional Petition E027 of 2022

Judge

LL Naikuni

The court found that the 1st and 2nd respondents violated the petitioner's constitutional rights by encroaching and constructing public infrastructure on his land without following the mandatory procedure for compulsory acquisition as set out in the Land Act and the Constitution. The respondents failed to issue a valid notice of intention to acquire, did not conduct the required inquiry, and did not pay prompt and just compensation. The court held that the petitioner's right to property under Article 40 and to fair administrative action under Article 47 were breached. The continued occupation…

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• Compulsory Acquisition
• Right To Property
• Fair Administrative Action
• Mesne Profits
• Public Interest Land Use
• Compensation For Expropriation

Wanjohi & another v County Government of Uasin Gishu

Wanjohi & another v County Government of Uasin Gishu [2025] KEELC 5076 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E006 of 2022

Judge

EM Washe

The court held that closing Eldoret Champions Market and 64 Market without public participation and fair administrative process violated Articles 10 and 47.

• Public Participation
• Fair Administrative Action
• Legitimate Expectation
• Right To Property
• Market Relocation
• Environmental Rights