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ELCStruck OutNot stated in judgment· [2026] KEELC 1458 (KLR)

Kaviti & 3 others v Attorney General & 4 others (Environment and Land Case E130 of 2025) [2026] KEELC 1458 (KLR)

Environment and Land Court
11 March 2026
EME. K. Makori
1,681 words in judgment
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The bottom line

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Kenya's Environment and Land Court struck out a land dispute suit because the parties had to finish the land adjudication process and seek judicial review instead.

What this practically means

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Executive summary

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The plaintiffs moved the court by Notice of Motion dated 22nd September 2025 seeking an interlocutory injunction restraining the 5th defendant from interfering with, cultivating, building on or disposing of the suit properties, Mariakani/Kawala B'/113 and B'/110, and an order authorizing the OCS Mariakani to enforce compliance. The 5th defendant opposed by replying affidavit and filed a preliminary objection dated 7th October 2025 contending that the suit offended Sections 29 and 30 of the Land Adjudication Act, was premature for breaching the exhaustion doctrine, and was frivolous, vexatious and an abuse of process. The court framed three issues: sustainability of the PO, the fate of the application, and costs. It noted that both parties' titles issued through the adjudication process and an appeal to the Minister had concluded, leaving only boundary implementation under Section 29(3). Although the plaint was pleaded as fraud-based cancellation and rectification under Section 26(1) of the Land Registration Act, the court found that in substance the plaintiffs sought a total review of the adjudication process by substituting fresh outcomes - a second bite of the adjudication cherry. Relying on Chindoro and the Tobias Achola Osindi dictum, the court held its role over adjudication is supervisory only and that after the Minister's appeal the plaintiffs should have pursued judicial review. The PO succeeded; the application and the entire suit were struck out with costs. Delivered electronically in Nyeri on 11th March 2026 by E. K. Makori J.

Key legal issues

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01

Whether the PO premised on Sections 29 and 30 of the Land Adjudication Act was sustainable

Holding

It succeeded: the court had no jurisdiction to review or substitute adjudication outcomes, and the plaintiffs should have sought judicial review after the Minister's appeal

Reasoning

The plaint, though framed as fraud-based cancellation/rectification of titles, in substance sought a total review of the adjudication process by substituting its outcomes with fresh ones. The adjudication had run its course through an appeal to the Minister and only boundary implementation remained, an ongoing process under Section 29(3). Titles already issued can be challenged, but not by this suit as framed.

p. 4
02

Whether the application for injunction and OCS enforcement orders could be granted

Holding

It could not; it fell with the suit

Reasoning

Since the PO disposed of the entire suit for want of jurisdiction, the application dated 22nd September 2025 was struck out as well. The court found the relief sought was effectively directed at the Director of Land Adjudication, the Land Registrar and the Kilifi Land Surveyor to re-do the adjudication and registration records.

p. 4

Legal principles established

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  • Once an area is declared an adjudication area, ascertainment and determination of rights and interests in land is reserved for officers and quasi-judicial bodies under the Land Adjudication Act; the court's role is supervisory only
  • A preliminary objection is a point of law pleaded or arising by clear implication from the pleadings, which may dispose of the suit
  • Jurisdiction is everything; a court must halt proceedings once it determines it lacks jurisdiction

Court orders

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  1. 1.The preliminary objection dated October 7, 2025 succeeds
  2. 2.The pending application dated September 22, 2025 is struck out
  3. 3.The entire suit is struck out with costs to the 5th defendant
Jurisdiction invoked
Jurisdiction of the Environment and Land Court considered vis-à-vis Sections 29 and 30 of the Land Adjudication Act (Cap 284)

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, "Kaviti & 3 others v Attorney General & 4 others (Environment and Land Case E130 of 2025) [2026] KEELC 1458 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1458/eng@2026-03-11

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