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ELCDismissedELC Appeal (Kilgoris) – Appeal from SRM Kilgoris ELC Case E031/2024· [2025] KEELC 7156 (KLR)

Maritim v Koech & 2 others (Environment and Land Appeal E019 of 2025) [2025] KEELC 7156 (KLR)

Environment and Land Court
23 October 2025
1,928 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court dismissed a landowner's appeal, upholding a village-elder-brokered 2010 agreement that gave a neighbour's family 3 acres of his land.

What this practically means

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Executive summary

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This is a first appeal to the Environment and Land Court at Kilgoris against the judgment of Hon. W.C Waswa (SRM) delivered on 4th April 2025 in SRM Kilgoris ELC Case E031/2024. The Appellant, the registered owner of L.R No. Transmara/Kimintet B/1190, had sued claiming trespass and sought eviction, a permanent injunction, damages and mesne profits. The trial court dismissed his claim, upholding an agreement dated 17.04.2010 under which he ceded 3 acres to the Respondents' father, and invalidating a later agreement dated 22.12.2023 for want of capacity, the Respondents not having undertaken succession to their father's estate. On appeal, the Appellant argued the 2010 agreement was forged, that he never signed it, and that the trial court erred in evaluating the evidence. The court, guided by the Selle v Associated Motor Boat Co. duty of a first appellate court, held that a party alleging forgery must plead and particularize the fraud, and that the bare denials in the Appellant's pleadings were insufficient. It found the 2010 agreement valid, conforming to Section 3(3) of the Law of Contract Act, and characterized it as a settlement reached through a traditional dispute resolution mechanism, which the court adopted under Section 20 of the Environment and Land Court Act and Article 159(2)(c) of the Constitution. The trespass claim therefore could not stand. The court dismissed the appeal, affirmed the trial judgment, and, because the parties are neighbours, substituted the costs order so that each party bears its own costs in both the appeal and the suit.

Key legal issues

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01

Validity and import of the Agreement dated 17.04.2010

Holding

The Agreement was valid, conformed to Section 3(3) of the Law of Contract Act, and constituted a settlement of the land dispute pursuant to traditional dispute resolution; it ceded 3 acres to the Respondents' father

Reasoning

The trial court found the agreement satisfied Section 3(3) of the Law of Contract Act, having been signed with ID details and witnessed by a village committee. Although effecting a disposition, it was neither a sale nor a lease but a settlement reached through village elders, engaging Article 159(2)(c) and Section 20 of the ELC Act, which empowers the court to adopt such settlements. The appellant pleaded bare denials without particulars of forgery.

p. 4
02

Validity of the Agreement dated 22.12.2023

Holding

The agreement was invalid and unenforceable for lack of capacity, the Respondents not having undertaken succession in respect of their father's Estate

Reasoning

The trial court found the Respondents had not obtained grants of representation for their father's estate, so they lacked capacity to enter into the later agreement. The appellate court found no fault in that finding and affirmed it.

p. 4
03

Whether the Appellant's trespass claim could stand

Holding

The claim of trespass could not stand given the valid 2010 settlement agreement

Reasoning

The agreement ceded 3 acres to the Respondents' father and, by extension, the 1st Respondent as administrator of the estate could lay a valid claim to those 3 acres. Consequently the Appellant could not prove trespass by the Respondents on the portion they occupy, and the trial court was right to dismiss the suit.

p. 4

Legal principles established

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  • A first appellate court must reconsider the evidence, evaluate it and draw its own conclusions
  • Agreements arising from traditional dispute resolution mechanisms may be recognized and adopted by the Environment and Land Court under Article 159(2)(c) of the Constitution and Section 20 of the Environment and Land Court Act
  • A party alleging forgery or fraud in a document must plead and particularize the particulars of forgery or fraud

Court orders

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  1. 1.The Appeal is dismissed
  2. 2.The decision of Hon. W.C Waswa dated and delivered on 4th April 2025 is affirmed, save for the order on costs
  3. 3.The order on costs is substituted with an order that each party shall bear its own costs, both in the Appeal and in the suit before the trial court
  4. 4.The court recognizes and adopts the Agreement dated 17.04.2010 as a settlement of the dispute through the Traditional dispute resolution mechanism, also known as Alternative Justice System

Authorities

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Legislation

  • Trespass ActSection 3(1)
  • Law of Contract ActSection 3(3)
  • Environment and Land Court ActSection 20
  • Constitution of Kenya, 2010Article 159(2)(c)

Cases cited (4)

  • Waiganjo Wathira & Co. Advocates Vs. Pacis Insurance Co. Ltd
  • Lawrence C. Njeru Vs. Danson Buya Mungatana
    (2019 eKLR)
  • Pius Kimaiyo Langat Vs. Co-operative Bank of Kenya LTD
    (2017) eKLR
  • Selle and Another Vs. Associated Motor Boat Co. Ltd
On appeal from
Senior Resident Magistrate's Court, Kilgoris
SRM Kilgoris ELC Case E031/2024
Jurisdiction invoked
First appellate jurisdiction over the trial court's decision; Section 20 of the Environment and Land Court Act; Article 159(2)(c) of the Constitution

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Maritim v Koech & 2 others (Environment and Land Appeal E019 of 2025) [2025] KEELC 7156 (KLR)", Case Analysis (2025). ELC Appeal (Kilgoris) – Appeal from SRM Kilgoris ELC Case E031/2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7156/eng@2025-10-23

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.