LMM v GNK (Environment and Land Case E050 of 2025) [2026] KEELC 1661 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed it can hear land disputes even when a spouse claims the property is matrimonial property.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Environment and Land Court has jurisdiction to hear and determine this matter touching on what the Respondent considers to be matrimonial property (land)
- 2.Whether the Plaintiff has met the requirements in Giella vs Cassman Brown & Co Ltd for the grant of a temporary injunction
Key legal issues
#Jurisdiction of the ELC over a land dispute where the Respondent contends the property is matrimonial property
The ELC has jurisdiction; the claim is for ownership and possession of land, remedies that go to the root of ownership and title, and there was no evidence proving the property was matrimonial or that a marriage existed.
The court noted the Supreme Court's directives in Samuel Kamau Macharia and Republic v Karisa Chengo that courts must operate within conferred jurisdiction. Since the Plaintiff's claim is for ownership and possession of land, and the Respondent produced no evidence of marriage or that the property is matrimonial property under the Matrimonial Property Act, the dispute falls within Section 13 of the ELC Act and Article 162(2)(b).
Whether the Plaintiff established a prima facie case and irreparable loss for a temporary injunction
Yes; joint ownership was evidenced and uncontroverted, and the Plaintiff's eviction from the suit property was not rebutted, so damages would not suffice.
Applying Giella v Cassman Brown, the court found the Plaintiff provided evidence of joint ownership of the title, establishing a prima facie case. The Respondent's claims of a trust for his children and of a customary marriage were unsupported by evidence. Since the Defendant had already barred the Plaintiff's access, irreparable harm would follow if the property changed hands.
Legal principles established
#- Where a dispute revolves on use, occupation and title to immovable property, the Environment and Land Court has jurisdiction under Article 162(2)(b) and Section 13(2) of the ELC Act, notwithstanding allegations that the property may be matrimonial property.
- A court without jurisdiction cannot entertain proceedings; jurisdiction flows from the Constitution or legislation.
Court orders
#- 1.An injunction restraining the Defendant, his servants, agents, heirs or representatives from transferring, leasing out, letting, alienating or in any way parting with possession or occupation of property Muguga/Muguga/3965 pending the hearing of the suit
- 2.Parties directed to go before the Deputy Registrar for Pre-trial Conference on 09/02/2026
- 3.Costs of the application awarded to the Plaintiff
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya 2010 and Section 13(2) of the Environment and Land Court Act
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
An injunction is hereby granted restraining the Defendant his servants, agents, heirs or representatives from transferring, leasing out, letting, alienating or in any way whatsoever parting with possession or occupation of property Muguga/Muguga/3965 pending the hearing of this suit.
The costs of this application are awarded to the Plaintifi.
I do find that this Court has the prerequisite jurisdiction to hear this matter and therefore make the following orders
Further she has attested that she has been evicted from the suit property which is not controverted by the Respondent.
Issues in the judgment
#The suit property is referred to as Muguga/Muguga/3XXX in the pleadings but as Muguga/Muguga/3965 in the final orders, without explanation.
The judgment refers to the Respondent as both 'Defendant' and 'Respondent' and to the Plaintiff as both 'Plaintiff' and 'Applicant' interchangeably.
The judgment does not state the suit's case number, and the parties' full names are not given (only the initials 'LMM' for the Plaintiff).
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "LMM v GNK (Environment and Land Case E050 of 2025) [2026] KEELC 1661 (KLR)", Case Analysis (2026). Not stated in the judgment (Notice of Motion dated 21/03/2025 within a suit over Muguga/Muguga/3XXX). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1661/eng@2026-01-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.