Kenya Case Law

Omino & 3 others (Suing as Personal Representatives of Henry Micah Omino - Deceased) v Tich Housing Co-operative Society Ltd

Omino & 3 others (Suing as Personal Representatives of Henry Micah Omino - Deceased) v Tich Housing Co-operative Society Ltd [2025] KEELC 5211 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 43 of 2020

Judge

SO Okong'o

The court dismissed an application to set aside a consent judgment over land transfer, finding no fraud, collusion, misrepresentation, or other valid ground.

• Setting Aside Consent Judgment
• Land Sale Agreements
• Fraudulent Transfer
• Subdivision Of Land
• Trespass
• Remedies In Land Disputes

Babu v Land Registrar – Kisii & 2 others

Babu v Land Registrar – Kisii & 2 others [2025] KEELC 5207 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 546 of 2015

Judge

M Sila

The court allowed a post-judgment application to have the Deputy Registrar execute documents needed to subdivide and transfer land under an earlier consent order.

• Consent Orders
• Execution Of Judgments
• Land Transfer
• Subdivision Of Land
• Consent-orders
• Execution-of-judgments

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
• Interlocutory-injunctions

Wang'ara v Wang’ara & 13 others

Wang'ara v Wang’ara & 13 others [2025] KECA 1230 (KLR)

Court

Court of Appeal

Case number

Civil Application 69 of 2017

Judge

A Ali-Aroni

The court found that the applicant had demonstrated sufficient diligence in pursuing the appeal, including following up on proceedings and seeking intervention from the Ombudsman. The delay in obtaining certified proceedings was corroborated by a certificate of delay, and the applicant's efforts showed a genuine intention to appeal. The court held that mistakes by counsel should not unduly prejudice a litigant, especially where the applicant has acted with zeal. The respondents did not demonstrate substantial prejudice that would result from the extension of time. The court exercised its disc…

Source excerpt

• Extension Of Time
• Appeal Out Of Time
• Delay In Filing
• Subdivision Of Land
• Mistake Of Counsel

El Kithiri (Administrator of the Estate of Faraj Abeid) v Timimi

El Kithiri (Administrator of the Estate of Faraj Abeid) v Timimi [2025] KEELC 4192 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E130 of 2022

Judge

YM Angima

The court struck out a review application because the defendant had already filed an appeal against the same decree, making concurrent review and appeal impermissible.

• Review Of Judgment
• Appeal Vs Review
• Error On Face Of Record
• Subdivision Of Land
• Review-of-judgment
• Appeal-vs-review

Kimuhu v Kimuhu & 15 Others

Kimuhu v Kimuhu & 15 Others [2025] KEELC 4596 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E020 of 2014

Judge

JM Kamau

The court struck out the suit against the 15th and 16th defendants as res judicata, but allowed the case to continue against the remaining defendants.

• Res Judicata
• Land Title Disputes
• Mutation Forms
• Injunctions
• Subdivision Of Land
• Beneficiary Rights

Mibei v Soy

Mibei v Soy [2025] KEELC 3869 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons E001 of 2023

Judge

MN Mwanyale

The court allowed an application to amend an originating summons so it could reflect new parcel numbers after subdivision of the original land.

• Amendment Of Pleadings
• Adverse Possession
• Land Title Cancellation
• Subdivision Of Land
• Amendment-of-pleadings
• Land-title-cancellation

Nkabo v M’nyiruu

Nkabo v M’nyiruu [2025] KECA 956 (KLR)

Court

Court of Appeal

Case number

Civil Application E034 of 2024

Judges

S ole Kantai, JW Lessit, A Ali-Aroni

The Court of Appeal found that the applicant had demonstrated both limbs required for the grant of stay under rule 5(2)(b): (1) the intended appeal is arguable, as evidenced by the draft memorandum of appeal raising non-frivolous points regarding the trial court's order to cancel a non-existent title and its subdivisions; and (2) the appeal would be rendered nugatory if stay is not granted, since the applicant risks irreparable harm through possible alienation or encumbrance of the property, and the respondent did not controvert the claim that she lacks means to compensate the applicant in th…

Source excerpt

• Adverse Possession
• Stay Of Execution
• Title Cancellation
• Subdivision Of Land

Wasilwa & 2 others v Makokha

Wasilwa & 2 others v Makokha [2025] KEELC 3753 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons E006 of 2023

Judge

EC Cherono

The Environment and Land Court rejected a res judicata objection, holding that although the land was the same, the parties and cause of action differed.

• Res Judicata
• Land Trusts
• Subdivision Of Land
• Ownership Disputes
• Res-judicata
• Land-trusts

M’Rinyuru v Mbui

M’Rinyuru v Mbui [2025] KEELC 3680 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E021 of 2022

Judge

BM Eboso

The Environment and Land Court dismissed an appeal challenging eviction enforcement, holding that subdivision and closure of the land register did not defeat a subsisting decree.

• Eviction Orders
• Enforcement Of Decree
• Land Registration
• Subdivision Of Land
• Eviction-orders
• Decree-enforcement