Kenya Case Law

Gacheru & 2 others (Suing as Officials and Members of Good Neighbours Self Help Group) v Shamba Poa Investments Company Limited & 23 others; Mulwa & another (Third party)

Gacheru & 2 others (Suing as Officials and Members of Good Neighbours Self Help Group) v Shamba Poa Investments Company Limited & 23 others; Mulwa & another (Third party) [2025] KEELC 5449 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 41 of 2017

Judge

CA Ochieng

The court found that Wayua Muthama, ID No. 5051002, was the true legal owner of LR No. Mavoko Town Block 3/2719, having demonstrated the root of her title and retained the original certificate. The transactions purporting to transfer the land to Shamba Poa Investments Company Limited were fraudulent, orchestrated by an imposter (Veronica Kangwele Kibwau) and an advocate (F.M. Mulwa), neither of whom had authority or capacity to convey title. As a result, Shamba Poa acquired no proprietary interest, and all subsequent transfers to the defendants were null and void. The defendants failed to est…

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• Fraudulent Land Transfer
• Bona Fide Purchaser
• Title Cancellation
• Land Ownership Dispute
• Injunctions
• Restitution

Matiliku v Kilonzo & another

Matiliku v Kilonzo & another [2025] KEELC 5343 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E006 of 2022

Judge

EO Obaga

The court found that the evidence established the suit property as ancestral family land originally belonging to Kinyenze Mukai. The registration of the property in the name of the Appellant’s late husband was not a purchase but a result of family arrangements during demarcation. The Appellant, as administratrix, acquired title through succession, but the property was always intended for the benefit of all descendants of Kinyenze Mukai. The Respondents, as family members, had a beneficial interest under a customary trust. The trial magistrate properly analysed the evidence and correctly found…

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• Customary Trusts
• Family Land Disputes
• Locus Standi
• Title Cancellation

In re Estate of James Mbuthia Mbocho (Deceased)

In re Estate of James Mbuthia Mbocho (Deceased) [2025] KEHC 9994 (KLR)

Court

High Court

Case number

Succession Cause 613 of 2015

Judge

PM Nyaundi

The High Court held it lacked jurisdiction to cancel a title or alter a mediation settlement in a succession dispute, and dismissed the application.

• Probate Court Jurisdiction
• Mediation Settlement Enforcement
• Certificate Of Confirmation Of Grant
• Title Cancellation
• Matrimonial Property Claims
• Probate-court-jurisdiction

Kaingu & another v Ali

Kaingu & another v Ali [2025] KEELC 5107 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 180 of 2020

Judge

SM Kibunja

The Environment and Land Court cancelled the defendant’s title to Mombasa/Ziwa la Ng’ombe/1XX7, found fraud in its acquisition, and ordered the plaintiffs registered as proprietors.

• Fraudulent Land Registration
• Adjudication Of Settlement Schemes
• Title Cancellation
• Injunctive Relief
• Ownership Disputes
• Fraudulent-land-registration

Chogo & 6 others v Torun & 7 others

Chogo & 6 others v Torun & 7 others [2025] KEELC 4836 (KLR)

Court

Environment and Land Court

Case number

Miscellaneous Civil Application 134 of 2013

Judge

LL Naikuni

The court found that the plaintiffs and their ancestors had been in open, continuous, and exclusive occupation of the suit land (MN/I/5141) for over 40 years, constructing homes, farming, and burying family members there. The evidence, including a site visit, confirmed their physical presence and development of the land. The court held that the plaintiffs' occupation was non-permissive and adverse to the interests of the registered owner, and that the 6th respondent's acquisition of title was unlawful and did not interrupt the plaintiffs' possession. The subsequent transfer to the 7th respond…

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• Adverse Possession
• Title Cancellation
• Historical Land Injustice
• Land Registration
• Limitation Of Actions
• Alternative Dispute Resolution

Meritei v Oduor & 61 others & 2 others

Meritei v Oduor & 61 others & 2 others [2025] KEELC 4843 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E002 of 2021

Judge

LC Komingoi

The court dismissed an application to set aside a judgment and stay execution, finding substituted service was proper and no sufficient basis was shown to reopen the case.

• Service Of Process
• Setting Aside Judgment
• Substituted Service
• Title Cancellation
• Fair Trial Rights
• Setting-aside-judgment

Njuguna v Gitonga & another

Njuguna v Gitonga & another [2025] KEELC 4790 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 394 of 2011

Judge

JG Kemei

The court found Plot N-83 and L-157 were the same land, upheld the plaintiff's earlier title, cancelled the defendant's title, and awarded trespass damages.

• Double Allocation Of Land
• Ownership Disputes
• Land Registration
• Trespass
• Title Cancellation
• Double-allocation-of-land

In re Estate of Andrikus Henry Oyugi Ogawo (Deceased)

In re Estate of Andrikus Henry Oyugi Ogawo (Deceased) [2025] KEHC 9025 (KLR)

Court

High Court

Case number

Succession Appeal E001 of 2024

Judge

S Mbungi

The High Court stayed execution of a succession judgment cancelling title to land pending appeal, finding no unreasonable delay and a risk of substantial loss.

• Stay Of Execution
• Substantial Loss
• Security For Due Performance
• Title Cancellation
• Succession Disputes
• Stay-of-execution

Ndambili v Gatakaa & 3 others

Ndambili v Gatakaa & 3 others [2025] KEELC 4824 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E002 of 2024

Judge

BM Eboso

The court found that the petition failed to meet the threshold for a constitutional petition as required by Rule 10 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013 and the principles in Anarita Karimi Njeru v Republic. The petition did not specify the constitutional provisions allegedly violated or the nature of injury suffered. Furthermore, the reliefs sought were premised on a Land Disputes Tribunal award, but the Tribunal lacked jurisdiction to determine title or cancel registered titles under the repealed Land Disputes Tribuna…

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• Land Adjudication
• Title Cancellation
• Legitimate Expectation
• Jurisdiction Of Tribunals
• Constitutional Petition Threshold

Walekhwa v Mechi & another

Walekhwa v Mechi & another [2025] KEELC 4663 (KLR)

Court

Environment and Land Court

Case number

Land Case E001 of 2023

Judge

EC Cherono

The Environment and Land Court dismissed a land fraud claim seeking cancellation of titles and an injunction, finding the plaintiff had not proved fraud.

• Title Cancellation
• Fraudulent Registration
• Land Ownership Disputes
• Burden Of Proof
• Land Succession
• Injunctive Relief