Strasser (Suing as the Legal Representative of the Estate of Sandra Strasser Malaika) v Gambo & 2 others (Environment & Land Case E007 of 2025) [2025] KEELC 1338 (KLR) (19 March 2025) (Ruling)

Summary at a glance

Facts

Erika Strasser, representing the estate of her deceased daughter Sandra Strasser Malaika, claims 2.5 acres of land from Kili/Mtwapa/8611. The land was purchased by Sandra Malaika from her father, Kahanzi Nyamawi Gambo, and she had constructed structures on it. The defendants, Juma Nyamawi Gambo and Safari Nyamawi Gambo, claim the land belongs to them and that Sandra Malaika encroached on their land and buried her remains there.

Issues

• Whether the plaintiff has established a prima facie case against the defendants.
• Whether the plaintiff is entitled to a temporary and permanent injunction.
• Whether the plaintiff's son is entitled to shelter on the land.

Reasoning

The court finds that the plaintiff has established a prima facie case and that the plaintiff's son is entitled to shelter on the land. The court orders that the suit be expedited and that the plaintiff and defendants file consolidated trial bundles.

Outcome

The application is allowed.

Orders

• The prevailing status quo regarding the suit land on Kili/Mtwapa/8611 shall be observed.
• The hearing of the present suit shall be expedited.
• The plaintiff is granted 14 days to file and serve a defence to counterclaim.
• The plaintiff is granted 14 days to file and serve a consolidated trial bundle.
• The defendants are granted 21 days to file and serve their consolidated trial bundle.
• All parties shall ensure that their witness statements are drafted with reference to their exhibits.
• The suit shall be listed for hearing on 26/6/2025.

Remedies

• Temporary and permanent injunctions.
• Order for the plaintiff's son to be granted shelter on the land.