Thuku v Kang’ethe & 2 others (Environment and Land Case E011 of 2023) [2025] KEELC 5254 (KLR)
The bottom line
#Kenya's Environment and Land Court refused to strike out a landowner's claim against an estate administrator, holding that any semblance of a cause of action deserves a full trial.
What this practically means
#Executive summary
#Key legal issues
#Whether the Originating Summons should be struck out against the 2nd Defendant as disclosing no cause of action
The application lacked merit because the 2nd Defendant is sued both in his capacity as administrator of the estate and personally for attempting to evict the Plaintiff, and the suit discloses at least a semblance of a cause of action fit for trial
The court noted the Plaintiff pleaded that the Defendants are sued as administrators and legal personal representatives of the estate, while the 2nd Defendant is also sued personally for the 2023 attempted eviction. Order 3 Rule 7 permits claims against an administrator in relation to the estate. Applying D T Dobie v Muchina, a pleading showing a semblance of a cause of action should proceed to trial rather than be struck out on a summary application.
Legal principles established
#- A suit should not be struck out if it shows even a semblance of a cause of action capable of being cured by amendment
- An executor or administrator may be joined in claims arising with reference to the estate in which he sues or is sued as such
Court orders
#- 1.The Notice of Motion dated 17th September 2024 is dismissed
- 2.The 2nd Defendant shall bear the costs of the application
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act and Order 2 Rule 15(1)(b) and (d) of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Thuku v Kang’ethe & 2 others (Environment and Land Case E011 of 2023) [2025] KEELC 5254 (KLR)", Case Analysis (2025). Not stated in judgment (Originating Summons dated 8th August 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5254/eng@2025-07-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.