Kenya Case Law

Shadrack (Sued in her Capacity as the Administrator of the Estate of Shedrack Wambua Kivai) v Muthama

Shadrack (Sued in her Capacity as the Administrator of the Estate of Shedrack Wambua Kivai) v Muthama [2025] KEELC 4853 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E086 of 2021

Judge

A Nyukuri

The court found a valid land sale and trust in favour of the plaintiff, but dismissed the suit because he failed to identify the specific subdivided parcel carrying his 10 acres.

• Trusts In Land
• Sale Of Land Contracts
• Succession And Administration
• Res Judicata
• Trespass
• Burden Of Proof

Ndirangu v Ndiritu

Ndirangu v Ndiritu [2025] KEHC 7334 (KLR)

Court

High Court

Case number

Civil Appeal E081 of 2024

Judge

DKN Magare

The High Court found that the lower court properly exercised its discretion to review and set aside its earlier order, as there was an error apparent on the face of the record regarding when the cause of action accrued. The evidence showed that the breach and thus the accrual of the cause of action occurred upon rescission of the contract on 28.10.2016, not at the date of contract signing. The appellant did not dispute the respondent's factual assertions, and the relevant correspondence admitting the debt and rescission was not brought to the lower court's attention previously. The court held…

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• Review Of Court Orders
• Limitation Of Actions
• Sale Of Land Contracts
• Functus Officio
• Judicial Discretion

Otieno v Ndirangu

Otieno v Ndirangu [2025] KEELC 4112 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E036 of 2023

Judge

A Ombwayo

The Environment and Land Court dismissed an appeal from a struck-out suit for specific performance and trespass, holding the claim was filed outside the six-year contract limitation period.

• Specific Performance
• Limitation Of Actions
• Sale Of Land Contracts
• Trespass To Land
• Specific-performance
• Limitation-of-actions

Mwanje v Shikhutuli

Mwanje v Shikhutuli [2025] KEHC 6694 (KLR)

Court

High Court

Case number

Civil Appeal E046 of 2022

Judge

SC Chirchir

The High Court determined that it lacked jurisdiction to hear and determine the appeal because the dispute arose from a contract for the sale of land, which falls within the exclusive jurisdiction of the Environment and Land Court as provided by Article 162(2) and Article 165(5) of the Constitution, as well as the Environment and Land Court Act. The court emphasized that jurisdiction is foundational, and any proceedings undertaken without it are null and void. Consequently, the appeal was struck out for want of jurisdiction, with costs awarded to the respondent.

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• Jurisdiction Of Courts
• Sale Of Land Contracts
• Appellate Jurisdiction
• Exclusive Jurisdiction

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

Mwangi v Wachira

Mwangi v Wachira [2025] KEELC 3831 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 15 of 2023

Judge

JM Kamau

The Environment and Land Court upheld the respondent’s title to land, finding no proved fraud or illegality and dismissing the appeal.

• Land Ownership Disputes
• Fraudulent Transfer Of Title
• Overriding Interests
• Sale Of Land Contracts
• Succession And Transmission
• Injunctive Relief

Rwimbo v Gachagua

Rwimbo v Gachagua [2025] KEHC 5130 (KLR)

Court

High Court

Case number

Civil Appeal 7 of 2018

Judge

AK Ndung'u

The court determined that the dispute between the parties arose from a contract for the sale and purchase of land, with the predominant issue being the rights and obligations under that contract. The Constitution and statutes, specifically Article 162(2) and the Environment and Land Court Act, vest exclusive jurisdiction over such matters in the Environment and Land Court. Applying the predominant purpose test and reviewing the pleadings, the court found that the entire controversy centered on the sale of land, title, and related contractual obligations. Consequently, the High Court lacked ju…

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• Sale Of Land Contracts
• Jurisdiction Of Courts
• Transfer Of Cases
• Breach Of Contract

Kimaru v Salim

Kimaru v Salim [2025] KEHC 4032 (KLR)

Court

High Court

Case number

Civil Appeal E008 of 2021

Judge

AK Ndung'u

The High Court lacks jurisdiction to hear an appeal arising from a dispute concerning a contract for the sale of land, as such matters fall exclusively within the jurisdiction of the Environment and Land Court based on the Constitution and relevant statutes.

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• Sale Of Land Contracts
• Jurisdiction Of Courts
• Remedies For Breach Of Contract

Karauni & another v Thiongo

Karauni & another v Thiongo [2025] KEELC 1434 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons 1BB of 2024

Judge

JM Onyango

The suit is not time-barred because the cause of action, based on a contract conditional on the defendant obtaining letters of administration and confirmation of grant, accrued on the date the grant was confirmed (June 26, 2023), which was within the six-year limitation period for contract actions.

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• Limitation Of Actions
• Specific Performance
• Succession Of Estates
• Sale Of Land Contracts

Storelli v Pello & another

Storelli v Pello & another [2025] KEELC 1347 (KLR)

Court

Environment and Land Court

Case number

Land Case E016 of 2022

Judge

LL Naikuni

The Environment and Land Court has jurisdiction to hear disputes arising from land sale transactions, even if the relief sought includes a refund of the purchase price, as the predominant purpose of the dispute relates to land. An order maintaining status quo is necessary in this case to preserve the suit property and balance the interests of both parties pending the determination of the suit on merit.

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• Sale Of Land Contracts
• Specific Performance
• Status Quo Orders
• Jurisdiction Of Elc
• Injunctive Relief
• Refund Of Purchase Price