Kamande (Suing as the Legal Representative Adlitem of the Estate of Alvin Kamande Njeng - Deceased) & another v Njenga & 5 others (Environment and Land Case Civil Suit 311 of 2018) [2026] KEELC 1467 (KLR)
The bottom line
#The Land Court ordered removal of cautions blocking Kiambu family land because the lawsuit supporting them had been withdrawn, clearing the way for estate distribution.
What this practically means
#Executive summary
#Key legal issues
#Whether the cautions registered against Limuru/Ngecha/1966, 1967 and 1968 should be removed under Section 73 of the Land Registration Act
The cautions have become unjustified within the meaning of Section 73 of the Land Registration Act since the underlying suit was withdrawn and the estates of the cautioners raised no objection; the court ordered their removal.
The court applied Section 73(1) of the Land Registration Act, which permits removal of a caution by order of the court. Relying on Boyes vs Gathure, it noted a caution is temporary and not perpetual. Applying the principles in Simon Kimemia Muthondu and Maria Nganga Gwako, the court examined the circumstances of registration, the interest claimed, and prejudice. The suit sustaining the cautions was withdrawn on 25th March 2025, so no live controversy remained, and the administrators of the cautioners' estates filed affidavits of no objection. Continued existence of the cautions would delay and prejudice the confirmed succession grant.
Legal principles established
#- A caution is a temporary protective measure and is not meant to exist in perpetuity.
- Once a proprietor objects to a caution, the burden shifts to the cautioner to justify its continued existence; absent reasonable cause, the caution must be removed.
Court orders
#- 1.An order directing the Lands Registrar, Kiambu, to remove, lift and/or cancel all cautions registered against parcels Limuru/ngecha/1966, Limuru/ngecha/1967 and Limuru/ngecha/1968 registered in the name of Njenga Mundia (deceased)
- 2.The temporary injunction orders previously issued restraining dealings with the said parcels be and are hereby discharged, vacated, and/or set aside, the suit having since been withdrawn
- 3.There shall be no orders as to costs
- Jurisdiction invoked
- Section 73 of the Land Registration Act, No. 3 of 2012; Rules 49 and 73 of the Probate and Administration Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamande (Suing as the Legal Representative Adlitem of the Estate of Alvin Kamande Njeng - Deceased) & another v Njenga & 5 others (Environment and Land Case Civil Suit 311 of 2018) [2026] KEELC 1467 (KLR)", Case Analysis (2026). ELC Suit (Motion dated 19th December, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1467/eng@2026-03-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.