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ELCPartially AllowedEnvironment and Land Case E005 of 2022· [2025] KEELC 7865 (KLR)

Mulinge v Karambu (Environment and Land Case E005 of 2022) [2025] KEELC 7865 (KLR)

Environment and Land Court
12 November 2025
JMJ. M. Mutungi
4,785 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~19 min to read original · ~4 min brief

The bottom line

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A Kenyan court threw out a landlord's eviction and rent claim, finding he manufactured documents and jointly awarded the plot to a woman and her former partner.

What this practically means

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Executive summary

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The Plaintiff, Kyalo Mulinge, sued the Defendant, Grace Karambu, seeking a permanent injunction requiring her to vacate Plot No. TRCG/MDG/R/124 at Madogo, rent arrears of Kshs. 290,000, general damages and costs. He claimed he bought the plot from Adhan Omar Abagana in 2008, constructed a house on it, and leased it to his brother, Daniel Muia, who left the Defendant in occupation without paying rent from 2017. The Defendant denied the claim and counterclaimed, asserting that she and Daniel Muia - with whom she had a customary-law-type relationship - purchased the plot from the Plaintiff in 2010 and jointly built their matrimonial home, and she sought declarations of joint ownership and a matrimonial beneficial interest plus a permanent injunction protecting her quiet possession. The court identified four issues: ownership of the plot, who constructed the house, whether the Defendant was a tenant in arrears, and the reliefs to grant. It found the Plaintiff had led no credible evidence of constructing the house; the vendor himself testified that the Defendant and Daniel built and occupied it. The 2010 tenancy agreement was held to have been manufactured, since the plot was unregistered at the time and the TRCG prefix could only post-date 2013. The court found collusion between the Plaintiff and Daniel. It held that the Defendant and Daniel jointly purchased the plot and constructed the house, that she was never a tenant, and that her Counterclaim was proved. The Plaintiff's suit was dismissed; a declaration of joint ownership in favour of Daniel Muia and the Defendant was issued, a permanent injunction protecting her quiet possession granted, and the Defendant awarded costs of both the suit and the Counterclaim.

Key legal issues

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01

Ownership of the unregistered suit plot

Holding

The court found the Defendant and Daniel Muia jointly purchased the plot from the Plaintiff and rejected the Plaintiff's claim of ownership by purchase from Adhan Omar as the operative transaction

Reasoning

The vendor (DW2) testified that the Plaintiff never took possession and that it was the Defendant and Daniel who built and occupied the house. The Plaintiff's ownership documents were obtained in 2021/2022 at his own prompting, after relations with the Defendant soured, and could not displace the oral evidence.

p. 8
02

Who constructed the house on the suit plot

Holding

The court held the house was constructed jointly by the Defendant and Daniel Muia, not by the Plaintiff

Reasoning

Adhan Omar, the truthful vendor, was emphatic that the Defendant and Daniel built the house. The Plaintiff led no evidence of construction. If the Plaintiff had built the house, the vendor who dealt with him would have noticed it.

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Whether the Defendant was a tenant in arrears

Holding

The Defendant was never a tenant; the tenancy agreement of 1st July 2010 was a manufactured document

Reasoning

The purchase agreement had no plot reference, the plot was not registered with the County in 2010, and the TRCG prefix could not predate the establishment of county governments in 2013. The demand letters were intended to anchor proceedings.

p. 8
04

The Defendant's Counterclaim for a matrimonial beneficial interest

Holding

The Counterclaim was proved on a balance of probabilities; the property is jointly owned by Daniel Muia and the Defendant

Reasoning

The court found a subsisting relationship during which the plot was purchased and the house built, and that the Defendant ran a business at the Public Works canteen giving her a source of income to contribute to the purchase and construction.

p. 8

Legal principles established

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  • For an unregistered plot, ownership is determined by scrutinising the trail of documentary evidence and evaluating oral evidence
  • A party who asserts ownership must prove it on a balance of probabilities; late-acquired documents procured to anchor litigation carry little weight

Court orders

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  1. 1.The Plaintiff's suit is dismissed
  2. 2.A declaration that the property described variously as TRCG/232 Madogo and TRCG/MDG/R/124 is jointly owned by Daniel Muia and the Defendant, Grace Karambu
  3. 3.A permanent injunction restraining the Plaintiff, his agents and/or servants from interfering with the Defendant's quiet possession of the suit property
  4. 4.The Defendant is awarded the costs of the suit and the Counterclaim

Authorities

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Legislation

  • Land Registration ActSection 26(1)
  • Law of Contract ActSection 3(1)
  • Matrimonial Property Act, 2013Section 14
  • Evidence ActSections 107 to 109
  • Marriage ActNot specified

Cases cited (1)

  • Munyu Maina v Hiram Gathiha Maina
    (2013) eKLR
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes (no specific provision cited in the judgment)

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, "Mulinge v Karambu (Environment and Land Case E005 of 2022) [2025] KEELC 7865 (KLR)", Case Analysis (2025). Environment and Land Case E005 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7865/eng@2025-11-12

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