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)
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
#Key legal issues
#Whether the applicants established a prima facie case with a probability of success for a temporary injunction or status quo order
No prima facie case was established; the application was dismissed with costs
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.
Whether grievances over conversion of group ranches to community land must first go through statutory dispute resolution mechanisms
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
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.
Whether the status of Kilifi/Birya/38 and Kilifi/Dola/10 as group ranches transitioning to community land was established
The status was established through a letter from the Land Adjudication and Settlement Officer and the title documents, confirming vast parcels in transition
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.
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.The application dated August 1, 2025 is dismissed
- 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.