Kenya Case Law

Emfil Limited v Safaricom Limited

Emfil Limited v Safaricom Limited [2025] KECA 1331 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E100 of 2022

Judges

AK Murgor, KI Laibuta, GWN Macharia

The Court of Appeal held that the appellant failed to prove its claim of trespass against the respondent because, at the time the respondent entered into the lease and erected the mast, the registered proprietor of the suit property was Jua Maisha Limited, and the respondent had no notice of any adverse claim or subsisting court order. The appellant did not produce a title to the suit property nor demonstrate actual or constructive possession at the material time. The court further found that the appellant did not specifically plead or strictly prove its claim for mesne profits, as required b…

Source excerpt

• Trespass To Land
• Mesne Profits
• Title Registration
• Injunctive Relief
• Burden Of Proof

Kavilili v Waswa & 2 others

Kavilili v Waswa & 2 others [2025] KEELC 5409 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E009 of 2024

Judge

EC Cherono

The Environment and Land Court dismissed an appeal over Land Parcel No. Ndivisi/Ndivisi/896, holding the appellant failed to prove lawful acquisition of title.

• Title Registration
• Ancestral Land
• Burden Of Proof
• Fraudulent Acquisition
• Land Control Board Consent
• Land-title-disputes

Mbogo v Njau & another

Mbogo v Njau & another [2025] KEELC 5345 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons 8 of 2019

Judge

JM Mutungi

The court upheld an adverse possession claim over 6.30 acres in Kirinyaga, finding the plaintiff and her family had occupied the land openly and continuously for decades.

• Adverse Possession
• Limitation Of Actions
• Title Registration
• Land Ownership Disputes
• Adverse-possession
• Limitation-of-actions

Awuonda v Owuoth & 2 others

Awuonda v Owuoth & 2 others [2025] KEELC 5421 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E001 of 2023

Judge

SO Okong'o

The Environment and Land Court allowed an appeal over land title irregularities, quashed the lower court judgment, and ordered restoration of the parcel to the deceased’s name.

• Title Registration
• Succession And Administration
• Fraudulent Transfer
• Land Control Board Consent
• Land-title-disputes
• Title-registration

Choge v Keter & another

Choge v Keter & another [2025] KEELC 5368 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 137 of 2014

Judge

EM Washe

The court upheld the plaintiff’s title to the suit land, found the defendant’s occupation amounted to trespass, and dismissed the counter-claim.

• Land Ownership
• Trespass
• Title Registration
• Eviction
• Mesne Profits
• Succession

Ochieno (Suing as Legal Representative to the Estate of Ochieno Aswana Namukobe and on his Behalf) v Waithera & 2 others

Ochieno (Suing as Legal Representative to the Estate of Ochieno Aswana Namukobe and on his Behalf) v Waithera & 2 others [2025] KEELC 5376 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons E026 of 2022

Judge

BN Olao

The Environment and Land Court dismissed an originating summons over Bukhayo/Bugengi/5158, holding the fraud and land recovery claim was filed too late.

• Limitation Of Actions
• Fraudulent Land Transfer
• Title Registration
• Ancestral Land Claims
• Limitation-of-actions
• Fraudulent-land-transfer

Kigano v County Government of Mombasa & 2 others

Kigano v County Government of Mombasa & 2 others [2025] KEELC 5298 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 302 of 2018

Judge

SM Kibunja

The court dismissed a land ownership claim over Mombasa/MN/Block 1/713, finding no proved proprietary interest overriding the registered title held by the 2nd defendant.

• Allocation Of Public Land
• Title Registration
• Repossessions And Cancellations
• Overriding Interests
• Burden Of Proof
• Fraud In Land Transactions

Hirsi v Kiplimo

Hirsi v Kiplimo [2025] KEELC 5290 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E464 of 2024

Judge

CG Mbogo

Although the plaintiff produced a lease agreement and a certificate of title, he failed to provide crucial evidence such as an allotment letter, part development plan, or a letter of offer from the Commissioner of Lands to establish the root of his title. There was no approved survey plan or deed plan to show how he became the registered proprietor. The court held that, even in an undefended suit, the plaintiff bears the burden of proving lawful acquisition of title. In the absence of evidence explaining the process from lease to registration, the court was not satisfied that the plaintiff wa…

Source excerpt

• Ownership Disputes
• Title Registration
• Permanent Injunctions

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

Akute v Pop & 8 others

Akute v Pop & 8 others [2025] KEELC 5327 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons E006 of 2025

Judge

CK Nzili

The court found that the applicant failed to establish a prima facie case for the grant of a temporary injunction. The evidence showed that the suit land reverted to the government in 1991 after the 7th respondent defaulted on the Settlement Fund Trustees loan, and was subsequently allocated to the 1st-6th respondents. Under Section 41 of the Limitation of Actions Act, adverse possession cannot be claimed against government land. The applicant did not provide sufficient evidence of possession or development, nor did he refute the respondents' evidence regarding the land's status. Without a pr…

Source excerpt

• Adverse Possession
• Temporary Injunctions
• Limitation Periods
• Title Registration