Kenyan case law
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Kivure & 7 others (Suing on their behalf and on behalf of 4201 members of Kishamba B Group Ranch) v Mwakina and 2 others (Sued as defunct Chairman, Secretary and Treasurer respectively of the Executive Committee of Kishamba B Group Ranch) & 4 others; County Government of Taita Taveta & 35 others (Interested Parties) (Environment and Land Case 4 of 2024) [2025] KEELC 7728 (KLR) (Environment and Land) (10 November 2025) (Ruling)
✦ The decree is reviewed and amended by expunging and deleting the inclusion for and or reference to Civil Suit No. 116 of 2015.
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Kinyua v Mwangi & 3 others; Real Court 99 (Intended Interested Party) (Environment and Land Case E118 of 2023) [2025] KEELC 7724 (KLR) (10 November 2025) (Ruling)
✦ The court grants leave to amend the plaintiff's amended plaint to include Real Court 99 as an interested party.
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Kinyua v Mukindia & 5 others (Land Case (Originating Summons) 20 of 2019) [2025] KEELC 7819 (KLR) (10 November 2025) (Ruling)
✦ The court finds that the suit is res judicata against the 1st defendant and relates to land parcel number Abothuguchi/Katheri/4046. The plaintiff's claim is struck out in relation to the 1st defendant and the land parcel.
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Mathiu & 5 others v Mwirigi & 2 others (Environment and Land Appeal E060 of 2024) [2025] KEELC 7821 (KLR) (10 November 2025) (Judgment)
✦ Githongo SPMC E & L Case No. E002 of 2024 was not res judicata.
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Drumvale Farmers Co-operative Society Limited v Kiama (Environment and Land Case E483 of 2024) [2025] KEELC 7648 (KLR) (7 November 2025) (Ruling)
✦ The court dismissed the defendant's preliminary objection.
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Highland Plaza Limited v Child Welfare Society of Kenya (Environment and Land Case 26 of 2022) [2025] KEELC 7747 (KLR) (7 November 2025) (Judgment)
✦ The suit by the Plaintiff is hereby dismissed
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Kangatta Properties Limited v Kagotho & 3 others (Environment and Land Case E192 of 2024) [2025] KEELC 7655 (KLR) (7 November 2025) (Ruling)
✦ The court dismissed the preliminary objection and the suit was allowed to proceed.
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Gacanja v Darul Arqam Islamic Centre & 2 others; Full Moon Ventures Limited (Interested Party) (Environment and Land Case E165 of 2023) [2025] KEELC 7657 (KLR) (7 November 2025) (Ruling)
✦ The application is dismissed.
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Kathuthu (Suing as the legal representative of the Estate of Nkuni M’Turuchiu -Deceased) v Kiunga (Suing as the legal representative of the Estate of Stephen Michuki Kiunga - Deceased) (Environment and Land Appeal E084 of 2024) [2025] KEELC 7820 (KLR) (7 November 2025) (Ruling)
✦ The ex-parte judgment was regular, and the application to set it aside was not valid.
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Adalla v Chief Land Registrar & another (Environment and Land Petition 33 of 2020) [2025] KEELC 7703 (KLR) (7 November 2025) (Judgment)
✦ The court held that the failure to notify and hear the petitioner before registering the restriction violated his right to fair administrative action and consequently his right to property.
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Kiro v Chief Land Registrar; Gakuo & another (Interested Parties) (Environment and Land Judicial Review Case E018 of 2025) [2025] KEELC 7705 (KLR) (7 November 2025) (Judgment)
✦ The Court found that the Chief Land Registrar has the statutory authority to rectify the register to correct typographical errors, misdescriptions, or non-material discrepancies. However, where the rectification would affect the ownership or title of a registered proprietor, such action cannot be taken administratively and requires the intervention of the Court.
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Sehmi v Petroafric Company Limited & 3 others (Environment and Land Case 703 of 2011) [2025] KEELC 7677 (KLR) (7 November 2025) (Ruling)
✦ The application is granted, and the court order of June 19, 2025, is stayed. The court order of April 7, 2025, and the amended plaint are set aside with costs.
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Aly Enterprises Limited v Absa Bank Kenya PLC & 5 others; Mafuta Products Limited & another (Interested Parties) (Environment and Land Case E375 of 2024) [2025] KEELC 7685 (KLR) (7 November 2025) (Ruling)
✦ The ELC has jurisdiction over the suit as the core issue concerns the title, ownership, and possession of land.
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Hantoosh v Hantoosh & another (Environment and Land Case 396 of 2016) [2025] KEELC 7700 (KLR) (7 November 2025) (Ruling)
✦ The court recalled and cancelled the illegal title, set aside the previous judgment, and ordered the sub-division of the land into two equal titles, each to be issued as a Certificate of Lease under the Sectional Title system.
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Safari & 171 others v Kandolt & 3 others (Environment and Land Case 109 of 2010) [2025] KEELC 8050 (KLR) (7 November 2025) (Judgment)
✦ The Plaintiffs failed to prove their claim of adverse possession due to insufficient evidence and lack of continuous possession for the required period.
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Musa & 6 others (Suing on their own behalf and on behalf of Mwakirunge residents upon the suit property/Plot No CR 345 numbering 366 individuals) v Hassam & 4 others (Environment and Land Case 133 of 2015) [2025] KEELC 7775 (KLR) (7 November 2025) (Judgment)
✦ The court found that the plaintiffs have properly identified the suit property and sued the correct registered proprietor(s). The plaintiffs have also proved, on a balance of probabilities, that their possession of the suit property has been open, notorious, continuous, and exclusive for a period exceeding 12 years, thereby acquiring title by adverse possession.
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Maluki & another v National Land Commission & 4 others (Environment and Land Petition E016 of 2024) [2025] KEELC 7692 (KLR) (6 November 2025) (Ruling)
✦ Preliminary objection by the Respondents is hereby dismissed with costs in the cause
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Omollo & 2 others v Yusuf & 4 others (Enviromental and Land Originating Summons E006 of 2020) [2025] KEELC 7723 (KLR) (6 November 2025) (Ruling)
✦ The application is granted, and the suit is set aside and reinstated for hearing and determination.
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Benson (Suing as Proposed Executor of the Will of Eunice Wangari Kigwa – Deceased) v Kimani t/a GN Kimani & Company Advocates & another (Environment and Land Case E032 of 2025) [2025] KEELC 7643 (KLR) (Environment and Land) (6 November 2025) (Ruling)
✦ The court finds that the Plaintiff's suit is not res judicata and that the court should issue an order of injunction.
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Kaipei & another (Suing as the Administrators of the Estate of Gideon Ntauti – Kaipei Karei) v Kisoso & 3 others (Environment and Land Case E049 of 2021) [2025] KEELC 7726 (KLR) (6 November 2025) (Ruling)
✦ The Court reopens the case to allow the calling of the Land Registrar, Kajiado Central, as a witness to produce and authenticate relevant records.
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Ngoco & another v Njoroge (Environment and Land Appeal E012 of 2025) [2025] KEELC 18351 (KLR) (6 November 2025) (Ruling)
✦ The appeal is dismissed, and the judgment of the trial magistrate is set aside. The court orders the appellants to file and serve the Record of Appeal within 30 days and issues a stay of execution pending the appeal.
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Mbiyu v Waiganjo (Land Case E133 of 2025) [2025] KEELC 7599 (KLR) (6 November 2025) (Ruling)
✦ The Court declines to grant the interlocutory injunctions and mandatory injunctions as the Plaintiff has not established a prima facie case.
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Republic v Deputy County Commisioner, Makueni & 3 others; Maithya & another (Interested Parties); Matolo (Ex parte Applicant) (Environment and Land Judicial Review Case E021 of 2022) [2025] KEELC 7709 (KLR) (6 November 2025) (Ruling)
✦ The application is dismissed with costs to the Interested Parties.
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Muruthi v Njuguna & another (Environment and Land Miscellaneous Case E025 of 2025) [2025] KEELC 7688 (KLR) (6 November 2025) (Ruling)
✦ The application is incompetent and is struck out with costs to the respondents.
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Lyambila v Majimbo & 8 others (Environment and Land Appeal E008 of 2021) [2025] KEELC 7672 (KLR) (6 November 2025) (Ruling)
✦ The Notice of Motion application is dismissed with costs.