Kenyan case law
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Kinanu v Capital Sacco Limited & another (Environment and Land Appeal E002 of 2025) [2025] KEELC 7219 (KLR) (23 October 2025) (Ruling)
✦ The appeal is struck out on the ground that the Environment and Land Court does not have jurisdiction to entertain a mortgage/charge dispute.
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Kitur v National Land Commission & another (Environment and Land Case 4 of 2019) [2025] KEELC 7297 (KLR) (23 October 2025) (Ruling)
✦ The 2nd Defendant/Applicant's application is partially successful. The Taxing Officer's decision on certain items of the bill of costs is set aside, and the bill is remitted for fresh taxation by a different Taxing Officer.
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Mndwapimisha v Community Land Registrar Taita Taveta & 2 others (Judicial Review Application E002 of 2025) [2025] KEELC 7251 (KLR) (Judicial Review) (23 October 2025) (Ruling)
✦ The Court upholds the preliminary objection and dismisses the Applicant's application with costs
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Gathoni & 3 others v Macharia (Environment and Land Case 21B of 2023) [2025] KEELC 7155 (KLR) (23 October 2025) (Ruling)
✦ The Court grants the Plaintiffs' application to authorize the Deputy Registrar to sign the necessary documents and to dispense with the production of the Defendant's identification documents and the original Title Deed.
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Mburu v Wanjiku & another (Environment and Land Case 622 of 2015) [2025] KEELC 7246 (KLR) (23 October 2025) (Ruling)
✦ The court should not stay the execution proceedings as the beneficiaries of the estate have not been confirmed as administrators and no letters of administration have been taken out.
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Koinange & 2 others v Mitithiru Company Limited (Environment and Land Case E333 of 2022) [2025] KEELC 7229 (KLR) (23 October 2025) (Ruling)
✦ The court finds that the Defendant/Applicant has not met the threshold for the grant of review sought and that the 1st Plaintiff's Amended Plaint should not be struck out.
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Tom Brown Limited & another v County Executive Committee Member in Charge of Planning & 2 others; Attorney General & 4 others (Interested Parties) (Environment and Land Petition E053 of 2022) [2025] KEELC 7228 (KLR) (23 October 2025) (Ruling)
✦ The Court found that the 3rd Respondent has not established a sufficient and reasonable basis to warrant the recusal of the Court from further hearing and determination of the case.
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Ntumari v Momanyi (Environment and Land Miscellaneous Case E007 of 2025) [2025] KEELC 7167 (KLR) (23 October 2025) (Ruling)
✦ The court finds the reason advanced to be reasonable and allows the motion to set aside the proceedings, reinstating the dismissed motion for oral submissions on October 28, 2025.
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Republic v Deputy County Commisisoner – Tigania Central & 2 others; Mukonathu (Ex parte Applicant); Karithi (Interested Party) (Environment and Land Judicial Review Case E016 of 2025) [2025] KEELC 7424 (KLR) (23 October 2025) (Ruling)
✦ The chamber summons application is fatally incompetent and struck out.
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Nesco Services Limited v Kenelec Supplies Limited & 6 others (Environment and Land Case 157 of 2017) [2025] KEELC 7262 (KLR) (23 October 2025) (Judgment)
✦ The court finds that the Plainti has not established his claim of fraud and that Kenelec Supplies Limited has a valid title over L.R No. 209/18289.
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Everton Coal Enterprises Limited v Theuri & Company Advocates (Miscellaneous Application E041 of 2022) [2025] KEELC 7197 (KLR) (23 October 2025) (Ruling)
✦ The Taxing Officer erred in principle by relying on a nullified sale agreement and ignoring the existing judgment.
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Asiyo v Ojwang & 2 others; Ogola (Proposed Interested Party) (Environment and Land Case 87 of 2017) [2025] KEELC 7158 (KLR) (23 October 2025) (Ruling)
✦ The application is dismissed. The Plaintiff's claim is not supported by the facts presented.
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Oketch (Suing as Administrator Ad Litem to the Estate of Ludia Oketch Obunde) v Kapanga & 11 others; Karasi & 79 others (Proposed Interested Parties) (Environment and Land Case 91 of 2018) [2025] KEELC 7483 (KLR) (23 October 2025) (Ruling)
✦ The application is granted, and the defendants/applicants are ordered to be joined as defendants and to amend the pleadings to include the proposed interested parties.
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Muturi v Ndumbi & 3 others (Environment and Land Appeal E001 of 2025) [2025] KEELC 7227 (KLR) (Environment and Land) (23 October 2025) (Ruling)
✦ The court found that the 1st and 2nd Respondents were not served with the order of 10th March 2025 and were not aware of it, thus the application for contempt was dismissed.
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Ingenious Concepts Group Limited v Parish Council Ethiopian Orthodox Tewahidu Church (Environment and Land Appeal E069 of 2024) [2025] KEELC 18684 (KLR) (23 October 2025) (Ruling)
✦ The suit filed in the subordinate court is void due to the church's status as a registered society, and the application before the Court is incurably defective.
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Sampa Investments Limited v Summer Properties Company Limited & 2 others; County Land Registrar Kwale & another (Third party) (Environment and Land Case 115 of 2021) [2025] KEELC 7255 (KLR) (23 October 2025) (Ruling)
✦ The application for stay of execution of the judgment is granted.
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Wakwabubi v Kituyi (Environment and Land Appeal E013 of 2023) [2025] KEELC 7238 (KLR) (23 October 2025) (Judgment)
✦ The court held that the Respondent's suit was barred by the doctrine of res judicata and statute barred.
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Kalima v Ngugi & 2 others (Environment and Land Petition E051 of 2025) [2025] KEELC 7273 (KLR) (23 October 2025) (Ruling)
✦ The court found the Preliminary Objection to be a pure point of law and not a matter requiring ascertainment of contested facts.
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Patel v Dar (Environment and Land Case E075 of 2024) [2025] KEELC 7477 (KLR) (23 October 2025) (Ruling)
✦ The application is dismissed with costs.
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Katuga v Omuga & 5 others (Environment and Land Miscellaneous Application E054 of 2023) [2025] KEELC 7217 (KLR) (23 October 2025) (Ruling)
✦ The court dismisses the applicant's notice of motion with no order as to costs.
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Republic v Deputy County Commissioner Makueni & 2 others; Mutune & another (Interested Parties); Kyambi (Ex parte Applicant) (Environment and Land Judicial Review Case E004 of 2023) [2025] KEELC 7203 (KLR) (23 October 2025) (Ruling)
✦ The Preliminary Objection is dismissed as the Ex-parte Applicant has obtained Letters of Administration ad litem.
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Abdula & another (Suing as joint representatives of the Estate of Ali Abdalla Ali) v Bakari (Environment and Land Case 23 of 2011) [2025] KEELC 7205 (KLR) (23 October 2025) (Ruling)
✦ The court finds the plaintiff's application merited and allows it, ordering eviction and costs.
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Choi & 3 others v Goldstein Group Services Limited & 2 others (Environment and Land Case 1073 of 2014) [2025] KEELC 7234 (KLR) (23 October 2025) (Judgment)
✦ The plaintiffs proved a valid and traceable root of title, while the defendant's titles lacked a lawful foundation and were therefore null and void.
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Kirui v Kirui (Environment and Land Appeal E006 of 2022) [2025] KEELC 7295 (KLR) (23 October 2025) (Judgment)
✦ The appeal succeeds, and the ruling delivered on 8th September, 2022 by the Business Premises Rent Tribunal in Case No. E037 of 2021 is hereby set aside.
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Mochabo & another v Mititi & another (Enviromental and Land Originating Summons E008 of 2023) [2025] KEELC 7231 (KLR) (23 October 2025) (Ruling)
✦ The court allows the amendment of the Originating Summons.