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ELCDismissedELC Appeal No. E022 of 2022· [2025] KEELC 8025 (KLR)

Keli v Matuku (Environment and Land Appeal E022 of 2022) [2025] KEELC 8025 (KLR)

Environment and Land Court
20 November 2025
1,442 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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 against the judgment of Hon. B. Ireri, Senior Principal Magistrate, delivered on 24th October 2022 in Makindu PMCC No. 85 of 2013. The Respondent, who was the plaintiff before the lower court, had sued for restraining orders and mesne profits against the Appellant's trespass on plot No. 1421 Kaunguni Settlement Scheme, comprising various parcels he purchased from several vendors, including the Appellant, between 1982 and 1984. The Appellant's trespass arose from a 1996 clan verdict by Mbai ya Mule Itema ruling that land sold by one Mbithuka Ngolanie belonged to her husband. The Appellant advanced seven grounds of appeal, principally that the purchase was not proved, that Section 30 of the Land Adjudication Act (Cap 284) was offended, and that she owned plot 1799 said to form part of plot 1421. Guided by Selle v Associated Motor Boat Co Ltd on the duty of a first appellate court, Obaga J re-evaluated the evidence. The court found the Respondent proved his purchases through sale agreements and attesting witnesses, and that 1991 demarcation records identified him as owner of plot 1421. Plot 1799, on the Appellant's own witness's testimony, was only created in 2016 out of the Respondent's land. On the second issue, the District Land Adjudication and Settlement Officer had confirmed the scheme was not an adjudication section, so consent under Section 30 was unnecessary. The appeal was dismissed with costs to the Respondent.

Key legal issues

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01

Ownership of plot No. 1421 Kaunguni Settlement Scheme

Holding

Plot 1421 solely belonged to the Respondent; the Appellant's plot 1799 was created in 2016 out of the Respondent's plot and her claim to a portion of plot 1421 failed

Reasoning

The Respondent purchased various contiguous parcels between 1982 and 1984, produced sale agreements with an attesting witness, and 1991 demarcation records identified him as owner of plot 1421. The Appellant's own witness, a Land Adjudication Assistant, confirmed plot 1799 was only created in 2016, from the Respondent's land, on the strength of a clan verdict. The trial magistrate's findings were therefore sound.

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02

Applicability of Section 30 of the Land Adjudication Act (Cap 284) to the suit

Holding

The Act did not apply because Kaunguni Settlement Scheme was a squatter settlement scheme and not an adjudication section, so no consent of the Land Adjudication and Settlement Officer was required

Reasoning

The District Land Adjudication and Settlement Officer Kibwezi wrote to the Appellant's advocate on 31st October 2013 stating the scheme was not an adjudication section but a squatter settlement scheme. Consequently the statutory consent requirement relied on by the Appellant had no application and the suit before the magistrate was properly instituted.

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Legal principles established

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  • On a first appeal, the court re-evaluates the evidence and draws its own conclusions while making allowance for not having seen or heard the witnesses
  • Where the settlement scheme is not an adjudication section, consent of the Land Adjudication and Settlement Officer under Section 30 of the Land Adjudication Act is not required before filing suit

Court orders

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  1. 1.The appeal is dismissed with costs to the Respondent
On appeal from
Senior Principal Magistrate's Court, Makindu
PMCC No. 85 of 2013
Jurisdiction invoked
First appeal to the Environment and Land Court from the Magistrates' Court

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, "Keli v Matuku (Environment and Land Appeal E022 of 2022) [2025] KEELC 8025 (KLR)", Case Analysis (2025). ELC Appeal No. E022 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8025/eng@2025-11-20

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