Kenyan case law
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Mbalanya v Registrar of Land & another; Oucho (Interested Party) (Environment and Land Case 121 of 2022) [2025] KEELC 6269 (KLR) (25 September 2025) (Ruling)
✦ The court finds the application untenable and misconceived, and dismisses the notice of motion dated 13.12.2024 in its entirety with costs to the applicant.
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Chirchir & another (Both Suing as Legal Representatives of the Estate of Kipchirchir Arap Marusoi) v Bor & another (Environment and Land Case E033 of 2024) [2025] KEELC 6179 (KLR) (25 September 2025) (Ruling)
✦ The Plaintiffs have failed to meet the threshold for the grant of an order for temporary injunction.
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Kigen v Mwaura & 9 others (Environment and Land Case E053 of 2024) [2025] KEELC 6180 (KLR) (25 September 2025) (Ruling)
✦ The application is allowed, and an order of temporary injunction is issued restraining the Defendants from trespassing, re-surveying, sub-dividing, altering the existing boundaries and/or carrying out any other activity on the suit parcel of land pending the hearing and determination of the suit.
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Okello v Staussi t/a Andhoga Staussi & Company Advocates & another; Sigu (Applicant) (Suing as the Administrator of the Estate of Francis Sigu Okello, Deceased) (Environment and Land Case Civil Suit 796 of 2015) [2025] KEELC 6402 (KLR) (25 September 2025) (Ruling)
✦ The court declines to exercise its discretion in favor of granting the orders sought by the applicant due to an inordinate delay without a reasonable explanation.
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Mungai v Njoroge & 2 others (Environment and Land Case 21 of 2011) [2025] KEELC 6220 (KLR) (25 September 2025) (Ruling)
✦ The court finds the application unmerited and dismisses it with costs, allowing the Notice of Preliminary Objection.
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Anyega (Suing as Legal Administrators of the Late John Kiriago Sangaka) v Ruitha & 2 others; Ruitha & another (Plaintiffs to the Counterclaim); Anyega (Suing as Legal Administrators of the Late John Kiriago Sangaka) & 3 others (Defendant to the Counterclaim) (Environment and Land Case 36 of 2024) [2025] KEELC 6304 (KLR) (25 September 2025) (Ruling)
✦ The court finds that the 2nd Defendant's preliminary objection is valid and the Plaintiffs' suit is time-barred.
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Muchori v Okumu (Appeal E001 of 2025) [2025] KEELC 6267 (KLR) (25 September 2025) (Ruling)
✦ The appeal is allowed out of time and deemed to be duly filed and served within the stipulated statutory period, subject to the payment of the requisite court fees.
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Kerema v Government of Makueni County (Environment and Land Case 35 of 2019) [2025] KEELC 6184 (KLR) (25 September 2025) (Judgment)
✦ The suit is incompetent and dismissed with no orders as to costs.
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Jawanga Investments Limited v Shah t/a Lewins; Adcom General Traders Ltd (Interested Party) (Environment and Land Appeal E040 of 2025) [2025] KEELC 6711 (KLR) (25 September 2025) (Judgment)
✦ The court found that the Tribunal lacked jurisdiction to entertain the matter further due to the respondent's vacating of the premises on 14/11/2023, and the Tribunal was wrong to dismiss the preliminary objection dated 28/11/23.
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Gatiba & 2 others (Suing as the Legal Administrators Ad Litem of Joseph Mwaura Thuo (Deceased)) v Kahenya & 2 others (Environment and Land Case 160 of 2012 & 85 of 2014 (Consolidated)) [2025] KEELC 6228 (KLR) (25 September 2025) (Ruling)
✦ The court cannot stay a negative order of dismissal and dismisses the application without merit
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Molu v Bora (Environment and Land Appeal E005 of 2025) [2025] KEELC 6254 (KLR) (25 September 2025) (Judgment)
✦ The judgment sets aside the respondent's suit and allows the appellant's counterclaim, ordering the respondent to vacate plots C646 and C2272 within 90 days and granting a permanent injunction against the respondent.
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Rantaine v Paro (Environment and Land Miscellaneous Case E005 of 2025) [2025] KEELC 6207 (KLR) (25 September 2025) (Ruling)
✦ The reference is struck out with costs as it was filed out of time.
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Mueti v Zakayo (Environment and Land Case 212 of 2017) [2025] KEELC 6660 (KLR) (25 September 2025) (Judgment)
✦ The Court held that the Plaintiff is the lawful owner of the suit property and granted the Plaintiff's application for a declaration and a permanent injunction.
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Okode v Ounda (Environment and Land Case 2 of 2020) [2025] KEELC 6436 (KLR) (25 September 2025) (Ruling)
✦ The court found the Plaintiff's case against the Defendant proved on a balance of probabilities and the Defendant's counterclaim not proved. The court entered judgment for the Plaintiff for a declaration of lawful ownership, eviction order, and permanent injunction.
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Hussein Builders Limited v Oceanic Towers Limited (Environment and Land Case 110 of 2018) [2025] KEELC 6177 (KLR) (25 September 2025) (Ruling)
✦ The court finds the defendant's application not filed in good faith and dismisses the application.
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Mwatsuma & 4 others (Suing in Their Capacity as the Bona Fide Occupants and Owners of Land No 368/11 /Mn, 370/11/Mn and 367/11/Mn Utange Mombasa) v Karama & 12 others (Constitutional Petition E004 of 2024) [2025] KEELC 6192 (KLR) (25 September 2025) (Ruling)
✦ The court finds merit in the motions to strike out the petition and dismisses it.
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Ndungu v National Social Security Fund Board of Trustees (Environment and Land Case Civil Suit 558 of 2016) [2025] KEELC 6404 (KLR) (25 September 2025) (Ruling)
✦ The court denies the application, stating that the applicant has no sufficient evidence of willful or bad faith for non-compliance with orders and that the application is procedurally defective.
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Wilder Group Limited v Kenya National Highway Authority; inistry of Lands, Public Works, Housing and Urban Development & 2 others (Interested Parties) (Environment and Land Petition E005 of 2022) [2025] KEELC 6434 (KLR) (25 September 2025) (Judgment)
✦ The court finds that the petition lacks merit and dismisses it.
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Kimaru v Wamugunda & 3 others (Environment and Land Appeal E010 of 2023) [2025] KEELC 6290 (KLR) (25 September 2025) (Judgment)
✦ The appeal is dismissed. The Appellant is awarded a refund of Kshs. 160,000/- and 30% interest on the amount, totaling Kshs. 208,000/-.
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Okelo & 3 others v Abiga (Suing as a Legal Representative of the Estate of William Abiga (Deceased) & another (Environment and Land Appeal E050 of 2024) [2025] KEELC 6679 (KLR) (25 September 2025) (Judgment)
✦ The Court held that the trial court erred in declaring that the Respondents were the beneficial and registered owners of the suit land.
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Malili Ranch Limited v Katilu (Suing as a Personal Representative of the Estate of John Kwangwala Katilu - Deceased) & another (Environment and Land Appeal E001 of 2024) [2025] KEELC 6209 (KLR) (25 September 2025) (Judgment)
✦ The judgment of the trial magistrate is affirmed, with the 2nd Respondent (the third party) obliged to indemnify the Appellant in terms of the third party notice. Execution against the 2nd Respondent shall only be undertaken after the Appellant has satisfied the judgment in favour of the 1st Respondent.
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Auko v Osoti (Environment and Land Appeal 2 of 2022) [2025] KEELC 6319 (KLR) (25 September 2025) (Ruling)
✦ The application is dismissed with no order as to costs as the period of almost 4 years is inordinate and the reasons advanced for the delay are not sufficient to warrant exercise of the court's discretion to extend time
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Abdalla & 6 others v Khansa Developers Limited & 3 others (Constitutional Petition 16 of 2022) [2025] KEELC 6219 (KLR) (25 September 2025) (Ruling)
✦ A temporary injunction is issued restraining the 1st and 2nd Respondents from proceeding with any further developments on the parcel of land until full compliance with the conditions set out by the court.
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Keittany & 8 others v Land Registrar Uasin Gishu & 5 others; Changwony & 280 others (Interested Parties) (Environment and Land Petition E002 of 2024) [2025] KEELC 6211 (KLR) (25 September 2025) (Ruling)
✦ The court finds that grounds (b) and (d) in the notice of preliminary objection are not pure points of law and do not meet the threshold/criteria of a proper preliminary objection.
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Board of Management (Governors) Workers High School v Warui & 3 others (Environment and Land Appeal E037 of 2022) [2025] KEELC 6295 (KLR) (25 September 2025) (Ruling)
✦ The court allows the application and reinstates it for hearing on merit