Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedPetition dated August 1, 2025· [2026] KEELC 2142 (KLR)

Kilango & 5 others v Lisamla & 6 others; Community Land Adjudication Officer, Kilifi (Interested Party) (Environment and Land Petition E021 of 2025) [2026] KEELC 2142 (KLR)

Environment and Land Court
9 April 2026
3,806 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court dismissed a bid to stop transactions over Kilifi group ranches because the applicants never proved they were members with a genuine claim.

What this practically means

#

Executive summary

#
This is a ruling on an interlocutory application dated August 1, 2025 filed with a petition by the applicants, who claim to represent public interest in Ganze Sub-County, Kilifi County, on behalf of residents of the Dola and Birya group ranches. They sought a temporary injunction restraining the respondents from evicting, transferring or transacting over the suit parcels, and status quo ante orders, pending the hearing of the petition. They alleged the ranches, which are transitioning to community land, had been invaded by private individuals, causing displacement, destruction of structures and harm affecting over 1,345 children. The 1st, 4th and 5th respondents opposed, arguing the applicants lacked locus standi, had not proved membership of the ranches, had not exhausted the dispute resolution mechanisms under section 39(2) of the Community Land Act 2016, and had raised no constitutional issues, the dispute being essentially private. The 2nd and 3rd respondents and the interested party filed no response. The court framed two issues: whether to grant a temporary injunction or status quo orders, and costs. Applying Giella v Cassman Brown, Nguruman and Mrao, the court found that although the parcels were confirmed as group ranches transitioning to community land, the applicants had not proved membership, had not shown the ranches had begun the statutory conversion process, and had not engaged the statutory dispute resolution mechanisms. The application was dismissed with costs.

Key legal issues

#
01

Whether the applicants established a prima facie case with a probability of success for a temporary injunction or status quo order

Holding

No prima facie case was established; the application was dismissed with costs

Reasoning

The court examined the transition regime under the Community Land Act 2016 and the Community Land Regulations 2017, and found the applicants had provided only limited information. They admitted the membership register was unavailable, did not show they were members of the ranches, did not show the ranches had applied to dissolve and convert, and had not engaged the statutory transition or dispute resolution mechanisms. Mere assertion that the ranches were transitioning was insufficient.

p. 7
02

Whether grievances over conversion of group ranches to community land must first go through statutory dispute resolution mechanisms

Holding

The applicants largely ignored the dispute resolution mechanisms under section 39 of the Community Land Act and Rule 25 of the Community Land Regulations 2017

Reasoning

The court set out section 39 of the Community Land Act 2016 and Rule 25 of the Community Land Regulations 2017, which require disputes arising from community land recognition, adjudication and registration to be referred at first instance to internal mechanisms and to land adjudication officers, with appeal to court within thirty days of an ad hoc committee's determination. The court invoked its earlier decision in Yaa alias Bengi v Ziro alias Kibogoyo on the same point.

p. 7
03

Whether the status of Kilifi/Birya/38 and Kilifi/Dola/10 as group ranches transitioning to community land was established

Holding

The status was established through a letter from the Land Adjudication and Settlement Officer and the title documents, confirming vast parcels in transition

Reasoning

Despite the 1st and 4th respondents disputing that the land was covered under the Land (Group Representatives) Act, a letter dated 18th August 2025 from the Land Adjudication and Settlement Officer confirmed both parcels are Group Ranches transitioning to Community Land under the Community Land Act of 2016. The titles show Birya at approximately 13,972 hectares and Dola at about 21,118 hectares.

p. 4

Legal principles established

#
  • A party seeking to protect group ranch land in transition to community land must first lay claim to the land and demonstrate membership and participation in the transition process before injunctive relief will issue
  • Land held under the repealed Land (Group Representatives) Act cannot be sold, leased or converted to private land before registration as community land under the Community Land Act, 2016

Court orders

#
  1. 1.The application dated August 1, 2025 is dismissed

Authorities

#

Legislation

  • Constitution of KenyaArticle 63
  • Civil Procedure RulesOrder 40 rule 1
  • Community Land Actsections 39, 47, 48
  • Community Land Regulationssections 25, 26
  • Land (Group Representatives) Act, Cap 287 (repealed)
  • Trust Land Act, Cap 288 (repealed)
  • Land Registration Actsection 8 (Cap. 300)

Cases cited (5)

  • Macharia v Principal Secretary, Ministry of Education & another
    (Environment and Land Judicial Review Case 1 of 2021) [2025] KEELC 877 (KLR)
  • Giella v Cassman Brown & Co Ltd
    [1973] EA 358
  • Nguruman Limited v Jan Bonde Nielsen & 2 others
    [2014] eKLR
  • Mrao Ltd v First American Bank of Kenya Ltd & 2 Others
    [2003] KLR 125
  • Yaa alias Bengi & 42 others v Ziro alias Kibogoyo & 18 others
    [2025] KEELC 2867 (KLR)
Jurisdiction invoked
Constitutional petition invoking the court's jurisdiction, alongside Order 40 of the Civil Procedure Rules for interlocutory relief

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kilango & 5 others v Lisamla & 6 others; Community Land Adjudication Officer, Kilifi (Interested Party) (Environment and Land Petition E021 of 2025) [2026] KEELC 2142 (KLR)", Case Analysis (2026). Petition dated August 1, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2142/eng@2026-04-09

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