ELC·Not stated in the judgment as provided21 December 2016 A Kenyan land court ordered that an occupant cannot be evicted from his plot until his petition is fully heard and decided.
land lawconservatory ordersinjunctioncivil procedurehousing
ELC·Originating Summons dated 25th February 2009 (number not stated in judgment)20 December 2016 The Embu Environment and Land Court dismissed a woman's claim to half of a man's land because she could not prove they were ever married.
land lawfamily lawtrusts equityburden of proofevidence
ELC·Not stated in the judgment (pending civil suit in respect of the suit land)20 December 2016 A Kenyan court stopped quarrying and construction on Isiolo land worth disputing, showing properly served parties can win orders even when o
land lawinjunctioninterlocutory reliefcivil procedurejudicial discretion
ELC·ELC Misc. App. No. 3 and 4 of 2016 (consolidated files; the exact lead file number is not expressly stated in the judgment)20 December 2016 Kenya's Environment and Land Court quashed NEMA's prosecution of a factory owner, ruling the regulator pursued charges even though required
environmental lawcriminal lawjudicial reviewcivil procedurestatutory interpretation
ELC·Kerugoya ELC Case (number not stated in judgment)20 December 2016 A mother who claimed her son held family land in trust for his siblings lost because she couldn't prove the trust in court.
land lawtrusts equityburden of proofevidence
ELC·Not stated in judgment (Environment and Land Court suit, Muran'a/Makuyu)20 December 2016 A Kenyan court struck out a claim to recover school land because it was filed just one month past the twelve-year legal deadline.
land lawlimitation of actionsstriking outpublic interestcivil procedure
ELC20 December 2016 A Kenyan court refused to undo a land compensation settlement, confirming that agreed consent judgments bind parties just like a signed cont
civil procedureland lawjurisdictionburden of proofremedies
ELC·Not stated in judgment20 December 2016 land lawcontract lawcivil procedurehousingremedies
ELC·Not stated in the judgment (ELC, Kakamega)19 December 2016 Kenya's Environment and Land Court dismissed a defendant's attempt to strike out a land dispute and granted the worshippers an injunction li
land lawpreliminary objectionstriking outinjunctioninterlocutory relief
ELC·ELC Application No 19 of 201516 December 2016 A Kenyan court refused a nine-year-late appeal because the medical evidence didn't match the applicant, and removed a restriction blocking t
land lawextension of timestay of executioncivil procedurejudicial discretion
ELC·Not stated in the judgment16 December 2016 A Kenyan court confirmed that a registered landowner with a valid certificate can get a court order blocking trespassers and forcing police
land lawinjunctionadverse possessioninterlocutory reliefcivil procedure
ELC·Petition (Kisii ELC) - Kiogoro Land Disputes Tribunal/Kisii CMCC Land Disputes Tribunal Case No. 77 of 2011 challenge16 December 2016 A Kenyan court cancelled a rival's land title because a tribunal had no power to decide who owned the land in the first place.
land lawjurisdictionhuman rightsdeclaratory reliefadministrative law
ELC·Kisii HCCC Appeal from Kisii CMCC No. 899 of 2006 (appeal admitted 18th March 2009)16 December 2016 Kenya's High Court ruled the plot size in the title documents governs; the buyer who broke the sale contract had to pay the agreed penalty d
contract lawland lawdamagesburden of proofcivil procedure
ELC·Not stated in judgment (suit instituted by plaint dated 16th March 2016)16 December 2016 Kenya's Environment and Land Court, not the Co-operative Tribunal, decides disputes where co-operative society land titles are challenged as
land lawjurisdictioninjunctioninterlocutory relieflocus standi
ELC·Not stated in the judgment16 December 2016 A Kenyan court stopped a husband from collecting rent on shared property because he never denied signing a 2007 rent-sharing agreement with
land lawinjunctioninterlocutory reliefcontract lawcivil procedure
ELC·Not stated in the judgment16 December 2016 Kenya's High Court reinstated a lawsuit dismissed after the plaintiff missed a hearing due to illness, confirming mistakes shouldn't deny an
civil procedurejudicial discretionstay of proceedingsfair hearingremedies
ELC·Not stated in judgment16 December 2016 A Kenyan court reinstated a plaintiff's dismissed land suit, ruling that a lawyer's mistake shouldn't punish the client, though she must pay
civil procedurestay of proceedingsjudicial discretioninordinate delayremedies
ELC·Kisumu HCCC No.245 of 1998 (registered as Kisumu CMCC No.232 of 2003)14 December 2016 The court refused to return a land case to the High Court because it was already awaiting judgment in the lower court and no valid reason wa
civil procedurejurisdictionjudicial discretion
ELC·Not stated in the judgment14 December 2016 The Environment and Land Court in Eldoret refused to stop a private sewer project because the residents brought no documents proving they li
land lawenvironmental lawinjunctioninterlocutory reliefpublic participation
ELC·Notice of motion dated 26th April 2012, amended 1st July 2016 (suit number not stated in the judgment)14 December 2016 land lawcivil procedurestriking outjudicial discretioninterlocutory relief
ELC·Kisumu ELC Petition No. 24 of 2013 (Notice of Motion dated 3rd December 2013)14 December 2016 The Environment and Land Court in Kisumu struck out a landowner's constitutional petition, ruling that ordinary land disputes belong in regu
land lawconstitutional lawhuman rightscivil procedurelocus standi
ELC·Kisumu H.C.C.A No.58 of 2013 (appeal from Siaya P.M.C.C. No. 65 of 2011)14 December 2016 A Siaya court confirmed that owning land title does not automatically stop a family member from being buried there.
land lawinjunctionsuccessionevidence
ELC·OYO/CIV/159/201214 December 2016 Kenya's Environment and Land Court refused to change a negotiated consent order, confirming such orders bind parties unless they prove fraud
civil procedurecontract lawland lawjudicial discretionburden of proof
ELC·Siaya ELC Case, plaint dated 12th February 2007 (amended 26th February 2007)14 December 2016 A Kenyan family lost their land claim against Siaya County Council because they filed too late, proved no fraud, and occupied public land.
land lawadverse possessionlimitation of actionspublic landburden of proof
ELC·Kisumu ELC Appeal (memorandum of appeal dated 10th December 2009)14 December 2016 The Environment and Land Court dismissed a landowner's appeal, confirming that a registered proprietor can ask the court to lift a caution w
land lawcivil procedureburden of proofremediesadditional evidence