Nyamolo (Suing as legal representatives of the Estate of Silvanus Nyamolo Obala - Deceased) v Otieno (Sued as the legal representative of the Estate of Mary Oketch Owiyo) (Enviromental and Land Originating Summons E020 of 2022) [2026] KEELC 398 (KLR) (29 January 2026) (Judgment)

Facts

The Plaintiffs claim that they are the rightful owners of land parcel No. Siaya/Abom/2886, which was sold to the Plaintiffs' late father in 1973. The Defendant claims that the Plaintiffs obtained the land through a fraudulent grant of letters of administration.

Issues

1. Jurisdiction of the Environmental and Land Court (ELC) to determine the dispute
2. Fraud in the grant of letters of administration

Reasoning

The court ruled that the appropriate forum for the dispute is the court where the grant was issued under the Principal Magistrates Court at Bondo Succession Cause No. E64 of 2020. The Plaintiffs were not parties to the proceedings and the ELC has no jurisdiction to re-distribute the estate or declare the grant null and void.

Outcome

Affirmed

Authorities cited