Kenya Case Law

Kipyegen (Suing for and on behalf of the Estate of the Late Obadiah Kipyegon Kimasas) v Chesaina & another

Kipyegen (Suing for and on behalf of the Estate of the Late Obadiah Kipyegon Kimasas) v Chesaina & another [2025] KEELC 5454 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 167 of 2017

Judge

MAO Odeny

The court found that the defendants failed to prove, on a balance of probabilities, that the plaintiff (deceased) held the suit land in trust for them. The evidence did not establish any express, constructive, or resulting trust, nor was there credible proof of a sale or purchase price paid by the defendants. The plaintiff's title, registered in 1984, was not challenged on grounds of fraud or illegality, and the root of title was sufficiently established. The defendants' long-term occupation and familial relationship did not, in themselves, create a trust or override the plaintiff's registere…

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• Eviction Orders
• Trusts In Land
• Registration Of Title
• Permanent Injunction
• Counterclaim Dismissal

Njoroge v Muinami & another

Njoroge v Muinami & another [2025] KEELC 5442 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E042 of 2024

Judge

MN Gicheru

The Environment and Land Court granted a stay of execution pending appeal after the respondent said she intended to dissolve the trust, which could render the appeal nugatory.

• Stay Of Execution
• Trusts In Land
• Review Of Judgment
• Family Land Disputes
• Stay-of-execution
• Land-trusts

Issa v Suleiman & 3 others

Issa v Suleiman & 3 others [2025] KECA 1336 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E025 of 2023

Judges

AK Murgor, KI Laibuta, GWN Macharia

The Court of Appeal found that the agreement of 4th June 1979, which established a trust in favour of the respondents, was properly produced and admitted as an exhibit during the trial. The agreement, executed by the relevant parties and attested by an advocate, clearly indicated that the property was to be held in trust for the family, with the appellant's father as trustee. The court held that the trial judge correctly evaluated the evidence and was justified in finding that the respondents were beneficial owners of the ground floor of the house on the suit property. The appellant's argumen…

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• Trusts In Land
• Adverse Possession
• Beneficial Ownership
• Succession Disputes

Namalwa (Suing on Behalf of the Estate of Michael Namalwa Banga - Deceased) v Mbanda & another

Namalwa (Suing on Behalf of the Estate of Michael Namalwa Banga - Deceased) v Mbanda & another [2025] KEELC 5349 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 90 of 2016

Judge

BN Olao

The court held that land parcels Bunyala/Bulemia/2236 and 3877 were held in customary trust for the plaintiff’s late husband’s family and ordered transfer and injunction orders.

• Customary Trust
• Family Land Disputes
• Land Registration
• Injunctive Relief
• Trusts In Land
• Succession Rights

Andai & another v Sawanga (Sued as the administrator of the Estate of David Sawanga Shinguti - Deceased) & another

Andai & another v Sawanga (Sued as the administrator of the Estate of David Sawanga Shinguti - Deceased) & another [2025] KEELC 5238 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons 102 of 2019

Judge

DO Ohungo

The court found that the plaintiffs failed to establish adverse possession because they did not prove payment of the purchase price, and their possession was subject to a sale agreement that expressly made transfer conditional upon completion of succession proceedings. As such, their possession was contractual and not adverse until at least 2009, when succession proceedings commenced. By the time the suit was filed in 2019, neither plaintiff had completed the requisite 12 years of adverse, exclusive, and undisturbed possession. The court further held that arguments regarding the validity of s…

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• Adverse Possession
• Limitation Of Actions
• Succession And Administration
• Sale Of Land
• Trusts In Land
• Title Registration

M'Chege v Kamuti (Suing as Legal Representative of Kamuti Kamuingu)

M'Chege v Kamuti (Suing as Legal Representative of Kamuti Kamuingu) [2025] KECA 1226 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 139 of 2018

Judges

S ole Kantai, JW Lessit, AO Muchelule

The Court of Appeal dismissed an appeal over disputed land ownership, holding that the respondent had capacity to sue and that the evidence supported a constructive trust and transfer of half the land.

• Trusts In Land
• Fraudulent Registration
• Capacity To Sue
• Admissibility Of Evidence
• Land-trusts
• Capacity-to-sue

Ambogo v Ogutu & 4 others

Ambogo v Ogutu & 4 others [2025] KEELC 5152 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 179 of 2016

Judge

EK Wabwoto

The court dismissed a property claim over Plot D No. Ngong/Ngong/69938, finding the plaintiff failed to prove a registrable interest or fraud in the title.

• Land Registration
• Fraudulent Transfer
• Ownership Disputes
• Trusts In Land
• Title Indefeasibility
• Land-registration

Ngoge v Otieno; Ngoge (Interested Party)

Ngoge v Otieno; Ngoge (Interested Party) [2025] KEELC 5322 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E005 of 2023

Judge

FO Nyagaka

The court set aside a consent judgment in a land dispute and joined the applicant as co-plaintiff, finding the consent irregular and tainted by collusion.

• Joinder Of Parties
• Setting Aside Consent Judgment
• Trusts In Land
• Beneficiaries Rights
• Fraud And Collusion
• Estate Administration

Karanja v Kiragu (Suing on behalf of Jonathan Njuguna Wanjiru, David Chege and Mercy Emily Wanjiru - As Donors)

Karanja v Kiragu (Suing on behalf of Jonathan Njuguna Wanjiru, David Chege and Mercy Emily Wanjiru - As Donors) [2025] KECA 1198 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) E204 of 2022

Judges

LA Achode, WK Korir, JM Ngugi

Court of Appeal allowed an application for injunction pending appeal, ordered maintenance of the status quo, and barred further alienation of the suit land.

• Injunctive Relief
• Trusts In Land
• Status Quo Orders
• Appeal Thresholds
• Land Subdivision Disputes
• Injunction-pending-appeal

In re Estate of Theuri Wahome Ndigii (Deceased)

In re Estate of Theuri Wahome Ndigii (Deceased) [2025] KEHC 9795 (KLR)

Court

High Court

Case number

Probate & Administration Appeal E004 of 2024

Judge

MA Odero

High Court appeal over estate distribution. The court held that land previously declared trust property for one house could not be treated as part of the deceased’s estate.

• Testate Succession
• Intestate Succession
• Trusts In Land
• Distribution Of Estate
• Polygamous Estates
• Probate-and-administration