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ELCPartially Allowed· [2026] KEELC 328 (KLR)

Njuguna v Okworo (Environment and Land Case 174 of 2012) [2026] KEELC 328 (KLR)

Environment and Land Court
29 January 2026
MOM. A. Odeny
3,150 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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A Nakuru court ruled that land bought through an unauthorised, unregistered agent counts as an illegal deal, ordering the buyer off the property.

What this practically means

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Executive summary

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The Plaintiff, the registered owner of Title No. 12783/51 Kiratina Farm Nakuru, sued the Defendant seeking a perpetual injunction, an order for vacation of the premises, general damages for trespass, and costs. She alleged that the Defendant constructed apartment blocks on her land without her authority, pursuant to a sale agreement dated 19th October 2007 between the Defendant and M/S Herald Insurance & Commercial Agencies, whose proprietor claimed he had received verbal instructions to sell from the Plaintiff's broker, Simon Mukunga. The Defendant's witness admitted there was no written instruction, no search was produced, and the agent never remitted the purchase price of Kshs.740,000/= to the Plaintiff. The agent further admitted he was not a registered estate agent and that he engaged someone to prepare subdivision and mutation forms without the Plaintiff's involvement. The court framed two issues: whether the Plaintiff sold the suit property, and whether she was entitled to the orders sought. Applying the Estate Agents Act (Cap 533), Sections 18 and 19, and the principles in Mapis Investment (K) Limited v Kenya Railways Corporation, Mike Munga Mbuvi v Kenya Airways Limited and Scott v Brown Doering, Mcnab & Co., the court held the agency and sale were founded on an illegal contract that could not be enforced or sanitized. The Plaintiff proved her case on a balance of probabilities. The court issued a perpetual injunction, ordered the Defendant to vacate within ninety days failing which an eviction notice would issue, and awarded costs to the Plaintiff. General damages for trespass were not awarded.

Key legal issues

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01

Whether the Plaintiff sold the suit property to the Defendant

Holding

No valid sale occurred; the agent had no authority to sell and was an unregistered estate agent, making the transaction illegal, null and void.

Reasoning

The Defendant produced no evidence that the agent had authority to sell on the Plaintiff's behalf. The agent signed the sale agreement as vendor, a misrepresentation, subdivided the land without the owner's involvement, received the purchase price but never remitted it, and was not a registered estate agent as required by the Estate Agents Act. The transaction was therefore founded on an illegal contract which the court could not enforce or sanitize.

p. 6
02

Whether the Plaintiff is entitled to the orders sought in the Plaint

Holding

The Plaintiff proved her case on a balance of probabilities and was granted injunction, eviction within 90 days, and costs.

Reasoning

Having found the sale null and void, the Defendant was a trespasser on the Plaintiff's titled property. The court exercised discretion to allow the Defendant ninety days to vacate rather than the fourteen days sought, and awarded costs to the Plaintiff. Damages for trespass were not awarded.

p. 6

Legal principles established

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  • Courts will not enforce or sanitize obligations arising out of illegal transactions, including agency contracts by unregistered estate agents.
  • A purchaser dealing with a third party claiming authority to sell on behalf of an owner must ensure that such person legally has the authority to sell the land.

Court orders

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  1. 1.A perpetual injunction restraining the Defendant, his agents, servants, workmen, relatives, assigns or those claiming under or through him from entering, using, occupying, developing or in any manner howsoever interfering with parcel of land known as Tittle No 12783/51 Kiratina Farm Nakuru
  2. 2.An order directing the Defendant to vacate the suit premises within ninety (90) days from the date the decree is issued, failing which an eviction notice to issue
  3. 3.Costs of the suit to the Plaintiff

Authorities

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Legislation

  • Estate Agents ActSections 18 and 19
  • Estate Agents Act (Cap 533)

Cases cited (4)

  • Ocra Realtors Ltd V Abdulghani Kipkemboi Komen
    [2019] Nakuru ELC No. 111 of 2016
  • Mapis Investment (K) Limited v Kenya Railways Corporation
    [2006] eKLR
  • Mike Munga Mbuvi v Kenya Airways Limited
    [2017] eKLR
  • Scott vs Brown Doering, Mcnab & Co.
    [1992] 2 QB 724

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, "Njuguna v Okworo (Environment and Land Case 174 of 2012) [2026] KEELC 328 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/328/eng@2026-01-29

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