Wanje & another (Suing as the Legal Representatives and/or Administrators of the Estate of Kilifi Ndenge Chanzera Alias Kilifi Ndenge (Deceased)) v Komoro & another (Environment and Land Case E085 of 2021) [2025] KEELC 8369 (KLR) (19 November 2025) (Judgment)

Summary at a glance

Facts

The deceased Kilifi Ndenge Chanzera was granted a parcel of land in 1978. She passed away in 1994, and her estate was registered as the rightful owner of the land in 2006. The land was transferred to the 1st defendant in 2020, allegedly by the deceased, who had passed away 26 years prior.

Issues

• Validity of the transfer of the land from the deceased to the 1st defendant
• Revocation of the title deed for the land
• Order for the 2nd defendant to correct the register
• Eviction of the 1st defendant from the property
• Permanent injunction against the 1st defendant

Reasoning

The plaintiffs demonstrated that the transfer of the land from the deceased to the 1st defendant was void ab initio, and the 1st defendant employed fraudulent means to register her interest in the suit property.

Outcome

The plaintiffs' claim partly succeeds, as detailed in paragraph 40 above, and partly fails, as explained in paragraph 41 above.

Orders

• Order for the 1st defendant's title to be nullified and revoked
• Order for the 2nd defendant to correct the register and register the land in the plaintiffs' or deceased's name
• Order for the 1st defendant to vacate the property at her expense
• Order for a permanent injunction against the 1st defendant

Remedies

• Revocation of the title deed
• Eviction of the 1st defendant
• Permanent injunction against the 1st defendant