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ELCAllowedOriginating Summons (undated in judgment text)· [2026] KEELC 637 (KLR)

Mwafungo v Mwafungo in her capacity as trustee for EKW and CKM (Minors) (Enviromental and Land Originating Summons E017 of 2025) [2026] KEELC 637 (KLR)

Environment and Land Court
29 January 2026
EME. K. Makori
683 words in judgment
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The bottom line

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Kenya's Environment and Land Court approved a mother's sale of land held in trust for her children because she proved they had alternative land and would not be left destitute.

What this practically means

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Executive summary

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This is an unopposed originating summons before the Environment and Land Court at Nyeri in which Elyne Murira Mwafungo, as trustee of Land Title No. Gede/Mijomboni/2522 registered in her name for her two minor children, EKW (16) and CKM (11), sought the court's approval to sell, transfer and register the parcel, and a direction to the Land Registrar, Kilifi, to process the consequential transfer. She explained that the children's father was deceased; she had no employment or income and suffered a long-term medical condition; the children were out of school over fee arrears; and one child suffered from sickle cell disease requiring costly management. The land, she averred, was always intended by herself and her late husband for the children's education and upkeep, and she could not sell without the court's approval as trustee. The court framed a single issue: whether to authorize the sale for the benefit of the children. On initial filing, the court observed that the applicant had not disclosed whether the sale would render the children and herself destitute, which would negate their best interests. In a further affidavit, she disclosed an alternative 2-acre parcel, Gede/Mijomboni/2397, also registered in her name as trustee, where the family lives and on which she farms for subsistence. Satisfied by this disclosure, the court found no difficulty issuing the orders requested and granted the OS as prayed, approving the sale and directing the Land Registrar to register the transfer. No costs order was recorded.

Key legal issues

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Whether the court should authorize the trustee's sale of land registered for the benefit of minor beneficiaries

Holding

The OS was allowed as prayed once the applicant disclosed an alternative parcel of land where she and the children live, satisfying the court that the sale would not render them destitute.

Reasoning

The applicant holds the title as trustee for her two minor children whose father is deceased. She needs funds for school fees, arrears and medical care, including for one child with sickle cell disease. The court initially noted that the OS did not disclose whether the sale would render the children destitute. The supplementary affidavit disclosed an alternative 2-acre parcel, Gede/Mijomboni/2397, also held in trust, where the family lives and farms. With that safeguard, the sale aligned with the children's best interests.

p. 2

Legal principles established

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  • A trustee holding registered land for minor beneficiaries requires the court's approval to sell, and such approval is granted where the sale serves the children's best interests and their destitution is not a risk

Court orders

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  1. 1.Approval of the intended sale, transfer and registration of Land Title No. Gede/Mijomboni/2522 for the benefit of the beneficiaries
  2. 2.The Land Registrar, Kilifi, directed to process and register the consequential transfer of the said land pursuant to the said sale
  3. 3.Any other or further order deemed just and expedient
Jurisdiction invoked
Inherent jurisdiction of the court to approve dealings by a trustee of registered land held for minor beneficiaries (specific provision not stated 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, "Mwafungo v Mwafungo in her capacity as trustee for EKW and CKM (Minors) (Enviromental and Land Originating Summons E017 of 2025) [2026] KEELC 637 (KLR)", Case Analysis (2026). Originating Summons (undated in judgment text). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/637/eng@2026-01-29

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