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ELCDismissedNot stated in the judgment (Environment and Land Court Appeal, Embu)· [2026] KEELC 2104 (KLR)

Namu & another v Ishumael (Environment and Land Appeal E024 of 2024) [2026] KEELC 2104 (KLR)

Environment and Land Court

16 April 2026

ECE.C. Cherono

3,072 words in judgment

View original judgment Read on Kenya Law Watch case

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The bottom line

What this practically means

Executive summary

This is a first appeal to the Environment and Land Court at Embu against a magistrates' court judgment delivered on 22/05/2024 in a customary trust land dispute. The Respondent, as plaintiff, had sued the Appellants, sons and administrators of the estate of the late Mugo Munyambu, seeking a declaration that the deceased held parcels Nthawa/Gitiburi/3065 and 3073 in trust for him and orders for cancellation of the Appellants' registration and transfer. By a consent recorded on 09/02/2022, the parties agreed that the Appellants would transfer parcels 3073 and 4793 to the Respondent, leaving for determination only whether the Respondent was also entitled to parcel 4794, the remaining resultant subdivision of the original parcel 3065. The trial court found the Respondent's evidence, corroborated by PW2 Kimotho Munyambu (brother of the late Mugo Munyambu), credible; found that the Respondent's father had been assimilated into the Gacugu clan; that the deceased held parcel 3065 in trust for him; and ordered cancellation of the Appellants' registration over parcel 4794 and its registration in the Respondent's name. On appeal, the Appellants contended there was insufficient evidence of trust, that an oral will limited the Respondent to three acres, and that the trial court over-relied on PW2. The court found the three-acre claim unsupported by any evidence, noted the 1st Appellant's admissions that the Respondent occupied and cultivated the whole of parcel 3065 and that the Respondent's father was assimilated into the clan, and declined to disturb the trial court's credibility findings. The appeal was dismissed with costs to the Respondent.

Key legal issues

Whether the Respondent proved entitlement to land parcel No. Nthawa/Gitiburi/4794 on a balance of probabilities

Holding

Yes; the Respondent proved that the original parcel 3065 was held in trust for his family and that he was entitled to the whole of it, not merely three acres

Reasoning

The parties' consent of 09/02/2022 narrowed the dispute to parcel 4794 only. PW2, brother to the Appellants' father, corroborated that parcel 4794 formed part of the Respondent's father's share. The 1st Appellant admitted the Respondent occupied and cultivated the whole of parcel 3065 and that his father had been assimilated into the Gacugu clan. The claim of a three-acre oral-will entitlement was unsupported by evidence.

p. 6

Whether the trial court erred in relying on the evidence of PW2 Kimotho Munyambu

Holding

No; PW2 was found credible and the appellate court would not disturb that finding

Reasoning

PW2 was an elderly witness who participated in the subdivision of clan land and had direct knowledge of its history. The trial court expressly found him credible having observed his demeanour. Since the trial court had the advantage of seeing and hearing the witnesses, the first appellate court found no basis to interfere with that assessment of credibility.

p. 6

Legal principles established

An appellate court will not lightly interfere with a trial court's assessment of witness credibility where the trial court had the advantage of seeing and hearing the witnesses testify

Court orders

1.Appeal dismissed
2.Costs of the appeal awarded to the Respondent

Authorities

Cases cited (2)

Gichuki versus Gichuki Civil Appeal No. 21 of 1981
Juletabi African Adventures Ltd & another versus Christopher Michael Lockey (2017) eKLR
(2017) eKLR

On appeal from: Magistrates' Court (trial court, name not stated in the judgment); Not stated (suit arising from amended plaint dated 15/11/2019)
Jurisdiction invoked: First appellate jurisdiction of the Environment and Land Court over an appeal from the magistrates' court in a land dispute (provision not cited in the judgment)

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Namu & another v Ishumael (Environment and Land Appeal E024 of 2024) [2026] KEELC 2104 (KLR)", Case Analysis (2026). Not stated in the judgment (Environment and Land Court Appeal, Embu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2104/eng@2026-04-16

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