Kenyan case law
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Yego & 3 others v County Government of Nandi (Environment and Land Case E011 of 2025) [2025] KEELC 6656 (KLR) (1 October 2025) (Ruling)
✦ The application for temporary injunction is withdrawn with costs to the defendant.
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Muna v Ouko & another (Environment and Land Case E445 of 2024) [2025] KEELC 6501 (KLR) (1 October 2025) (Ruling)
✦ The court declines to strike out the plaint on the ground that it is res judicata and discharges the ex parte orders issued on 29th October, 2024.
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Mauti v Nyamuro & another (Environment and Land Appeal E026 of 2022) [2025] KEELC 6712 (KLR) (1 October 2025) (Ruling)
✦ The appeal is dismissed for want of prosecution, and the orders of dismissal are not set aside.
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Nyakenanda v Onsarigo & another (Environment and Land Appeal E001 of 2025) [2025] KEELC 6516 (KLR) (1 October 2025) (Judgment)
✦ The appeal is dismissed with costs to the Respondents.
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Awino v Panari Resort; Kenya Forest Service (Interested Party) (Environment and Land Petition E009 of 2024) [2025] KEELC 7216 (KLR) (1 October 2025) (Ruling)
✦ Preliminary Objection dismissed as unmerited
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Kingasia v King’asia & 4 others (Environment and Land Case E019 of 2025) [2025] KEELC 6558 (KLR) (1 October 2025) (Judgment)
✦ The court declares the sale agreement illegal, null, and void ab initio and orders its cancellation.
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Nyaata (Suing as the Legal Representative of the Estate of Abishai Nyamweya Mwebi) v Odongo; Machogu & another (Interested Parties) (Enviromental and Land Originating Summons 88 of 2011) [2025] KEELC 6677 (KLR) (1 October 2025) (Judgment)
✦ The suit is dismissed with costs as the plainti cannot claim adverse possession to land that has already been subdivided and no longer exists, nor can he seek titles to the subdivisions.
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Wamae & 2 others v Kamau (Miscellaneous Application E023 of 2025) [2025] KEELC 6576 (KLR) (1 October 2025) (Ruling)
✦ The court upholds the taxation of the Respondent's bill of costs except for items 5 and 9, which are drawing and filing notice of motion applications taxed at KES.5,000.
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Munyi v Munyi (Environment and Land Case 142 of 2016) [2025] KEELC 6500 (KLR) (1 October 2025) (Ruling)
✦ The application is dismissed as the Defendant/Applicant has not demonstrated any sufficient cause to warrant review or setting aside of the orders of 27th November 2024.
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Tamrock Concrete Company Limited v Mambo & 19 others (Environment and Land Case 65 of 2019) [2025] KEELC 6815 (KLR) (1 October 2025) (Judgment)
✦ The court found that the 1st to 17th defendants trespassed on the suit property and that the 18th, 19th, and 20th defendants were negligent in executing their Constitutional duties.
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Gatiba & another v Wanjiru & another (Sued as the Administrators of the Estate of Paul Kungu Kabage) (Environment and Land Case E066 of 2023) [2025] KEELC 6729 (KLR) (1 October 2025) (Ruling)
✦ The application is allowed, and the County Surveyor is directed to conduct a survey and subdivision of the land into three equal portions within 30 days.
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Waweru v Mbuthia & 2 others (Environment and Land Case E045 of 2022) [2025] KEELC 6715 (KLR) (1 October 2025) (Judgment)
✦ The plaintiff's suit is unmerited and dismissed
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Wanjohi v Gikore (Sued as the administrators of the Estate of the Late Patrick Gikore Mwitari) (Enviromental and Land Originating Summons E005 of 2023) [2025] KEELC 7192 (KLR) (1 October 2025) (Judgment)
✦ The court held that the plaintiff has not met the threshold of an adverse possessor of 5 acres out of the suit land.
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Mungai v Njuguna & another (Environment and Land Case 546 of 2016) [2025] KEELC 6519 (KLR) (1 October 2025) (Ruling)
✦ The suit should not be reinstated for hearing and final determination.
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Kenya Breweries Limited v County Government of Mombasa & 11 others (Environment and Land Case 46 of 1996) [2025] KEELC 6538 (KLR) (1 October 2025) (Judgment)
✦ The court found that the plaintiff has locus standi and the suit is not statute time-barred or res judicata. The suit property was not available for re-planning and subdivision without the plaintiff's consent. The 1st defendant could not legally and lawfully proceed with the re-planning and subdivision without approval from the 10th and 11th defendants. The plaintiff is entitled to exemplary, aggravated, and special damages.
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Kimemia & another v Bulemi & 26 others (Environment and Land Case E007 of 2022) [2025] KEELC 6836 (KLR) (1 October 2025) (Ruling)
✦ The application is allowed, and the ex parte order made on 4th March 2025 is set aside. The defendants are granted leave to defend the suit and the case shall start de novo.
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Mutwiwa & another v Mwatha (Being Sued as the Legal Representative of the Estate of Lawrence Mwatha Nyaga) & 2 others (Environment and Land Appeal E032 of 2024) [2025] KEELC 6512 (KLR) (1 October 2025) (Judgment)
✦ The court held that Magistrates' Courts do not have jurisdiction to determine claims of adverse possession.
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Republic v Nyandarua & 2 others; Muriuki (Interested Party); Kanyago (Ex parte Applicant) (Judicial Review E002 of 2023) [2025] KEELC 7220 (KLR) (1 October 2025) (Judgment)
✦ The court finds that the orders sought against the Land Registrar are not merited due to the cancellation not being based on fraud and materially affecting the applicant's interest.
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Ngeru v Mwangi (Environment and Land Appeal E018 of 2025) [2025] KEELC 6589 (KLR) (1 October 2025) (Ruling)
✦ The status quo is maintained, and the Respondent continues to occupy the suit land.
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Watibini & 2 others v Board of Management St Brigid’s Girls High School Kiminini & 2 others (Environment and Land Case 24 of 2020) [2025] KEELC 6691 (KLR) (1 October 2025) (Judgment)
✦ The court found in favor of the plaintiffs on all issues.
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Njeru v Mwaniki & 6 others (Environment and Land Case 54 of 2016) [2025] KEELC 6619 (KLR) (1 October 2025) (Judgment)
✦ The plaintiff is the lawful proprietor of the land and is awarded a permanent injunction and costs.
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Miruka v Ombacho (Environment and Land Case 412 of 2013) [2025] KEELC 6710 (KLR) (1 October 2025) (Ruling)
✦ The application is dismissed. The judgment and eviction order are not set aside. The application for change of counsel is granted.
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Birya v Chimambo & 4 others (Environment and Land Case 64 of 2025) [2025] KEELC 6531 (KLR) (1 October 2025) (Ruling)
✦ The application for temporary injunction is dismissed. The court will fix an early date for the hearing of the matter on a formal proof for early disposal of the unopposed suit.
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Washe & another v Kaduka & 13 others (Environment and Land Case 155 of 2015) [2025] KEELC 6497 (KLR) (1 October 2025) (Ruling)
✦ The court finds that the current suit is not substantially the same as the withdrawn suit and that the Defendants' delay in seeking the orders now prayed for constitutes an abuse of process.
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NCBA Bank of Kenya Limited v Kirui (Environment and Land Appeal E042 of 2023) [2025] KEELC 6498 (KLR) (1 October 2025) (Ruling)
✦ The court dismissed the application to join Richard Koech as an interested party and to admit new documents at the appellate stage.