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ELCAllowedEmbu HCCC No. 133 of 2017 / Embu CM ELC Case No. 87 of 2018 (Appeal)· [2026] KEELC 1986 (KLR)

Njeru & another v County Government of Embu & 2 others (Environment and Land Appeal E024 of 2025) [2026] KEELC 1986 (KLR)

Environment and Land Court
17 March 2026
KBK. BOR
1,637 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Kenyan court ordered the demolition of a social hall built on a public road reserve because affected landowners were never notified.

What this practically means

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Executive summary

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The Appellants appealed against the judgment of H Nyakweba, SPM, in Embu CM ELC Case No. 87 of 2018, which had dismissed their claim that the 1st and 2nd Respondents illegally erected a permanent social hall on a 12-metre access road abutting parcels Gaturi/Githimu/2486, 2487, 2490, 2494 and 2495. The trial court had held that the 1st Appellant, administrator of the estate of Ramadhan Njoka Mwando, lacked locus to enforce rights over parcels other than 2487, and that the Appellants failed to prove illegality, noting alternative road access to the plots. On appeal, the Appellants argued that exhibits including an NCA investigation report and NLC correspondence proved the structure was on a road reserve erected without approvals. The Respondents, who called no evidence at trial, maintained through the Attorney General that the claim was unproven, no registered easement or surveyor's report was produced, and due process was followed. The Environment and Land Court found that the NLC internal memo confirmed the building was constructed on a road reserve not available for allocation, that the Director of Physical Planning confirmed a formal process for converting public land to a different public purpose was required, and that no notice was given of the closure of the road. Since no Respondent tendered evidence, the claim that due process was followed lacked basis. The court allowed the appeal, set aside the trial judgment, allowed Prayers 1 and 2 of the plaint (declaration of illegality and demolition), and awarded the Appellants the costs of both the appeal and the suit.

Key legal issues

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01

Whether the trial court erred in finding that the 1st Appellant lacked locus to enforce rights over the suit parcels

Holding

The appeal succeeded on the substance: the evidence showed the structure was erected on a road reserve without the required process, so the trial court's dismissal was overturned

Reasoning

The court reviewed the documentary evidence produced at trial - the confirmed grant, searches, NCA investigation report, NLC internal memo, and the letter from the Director of Physical Planning and Survey. It found the NLC memo confirmed the building was constructed on a road reserve not available for allocation, and that no notice was given of closure of the road. Since no Respondent tendered evidence, the AG's claim that due process was followed lacked basis.

p. 3
02

Whether the structure on the access road was legally erected and whether it should be demolished

Holding

The construction was not lawful; the road was a reserved access road on the RIM and its closure without notice and stakeholder participation was irregular, justifying the demolition relief

Reasoning

The RIM showed the social hall abutted parcels 2495, 2486, 2494 and 2487 with a road between them. No notice of closure or conversion was given. The Public Roads and Roads of Access Act requires notice to persons affected by an order cancelling or altering the alignment of a road of access. The matter concerned land set aside for a road on the RIM, not easements as the AG argued. Correspondence from NCA, NLC and the Director of Physical Planning showed affected proprietors were not involved in the decision.

p. 3

Legal principles established

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  • A road set aside on a Registry Index Map cannot be closed and converted to another public purpose without notice to, and participation of, affected stakeholders including abutting landowners

Court orders

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  1. 1.The appeal is allowed
  2. 2.The judgment of the SPM in Embu CM ELC Case No. 87 of 2018 is set aside
  3. 3.Prayers 1 & 2 of the plaint dated 9/8/2017 are allowed
  4. 4.The Appellants are awarded the costs of the appeal and the suit before the trial court, to be borne by the Respondents

Authorities

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Legislation

  • Evidence ActSection 108
  • Land ActSection 98
  • Public Roads and Roads of Access Act

Cases cited (1)

  • Silipet Properties Limited & Another v Chege Mwaura & Another
    (2017) eKLR
On appeal from
Senior Principal Magistrate's Court, Embu
Embu CM ELC Case No. 87 of 2018
Jurisdiction invoked
First appeal from the magistrates' court on the Environment and Land Court's unlimited original jurisdiction over land matters

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, "Njeru & another v County Government of Embu & 2 others (Environment and Land Appeal E024 of 2025) [2026] KEELC 1986 (KLR)", Case Analysis (2026). Embu HCCC No. 133 of 2017 / Embu CM ELC Case No. 87 of 2018 (Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1986/eng@2026-03-17

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