Wagathiru v Gathii (Environment and Land Appeal E017 of 2024) [2025] KEELC 5665 (KLR) (Environment and Land) (31 July 2025) (Judgment)

Facts

The appellant, Peter Kamau Wagathiru, claimed that the respondent, John Nganga Gathii, had unlawfully grazed his Rhode Grass without his consent. The respondent denied the claim and claimed ownership of the land.

Issues

1. Whether the learned magistrate erred in law and fact in dismissing the appellant's suit
2. Whether the learned magistrate erred in law by failing to consider the appellant's submission adequately
3. Whether the learned magistrate erred in law by failing to take into account the mandatory provisions of Section 152B and 152E of the Land Act 2012
4. Whether the learned magistrate erred in law and fact in failing to give reasons for his decision
5. Whether the learned magistrate erred in law and fact in failing to hold that Notice was mandatory under the Land Act 2012 before the removal of the appellant crops

Reasoning

The court found that the appellant had not received a 3-month written notice as required by the Land Act before the respondent's actions, which were found to be unlawful and without justification.

Outcome

Appeal allowed

Authorities cited