Wanjiru (Suing on behalf of the Estate of Noah Karuga Koinange) v Kariuki (Executor of the Estate of Wilfred Koinange Gathiomi) & another (Environment and Land Petition E021 of 2025) [2026] KEELC 3441 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled an old land claim alleging illegality can proceed despite 41 years passing, since limitation law cannot shield unconstitutional acts.
What this practically means
#Executive summary
#Key legal issues
#Whether the Preliminary Objection met the threshold of a pure point of law
The Preliminary Objection did not meet the legal threshold because determining whether the suit was time-barred would require examination of previous proceedings, i.e. contested facts
The court applied the Mukisa Biscuit test and the IEBC v Cheperenger formulation: a preliminary objection stands on a pure point of law applied to undisputed facts. Since establishing whether the suit was time-barred would require examining when the prior proceedings were filed and concluded, the objection could not be sustained as a preliminary matter.
Whether limitation bars a constitutional petition alleging illegality and violation of constitutional rights
Limitation does not apply to illegalities, nullities or continuing violations of constitutional rights; the Preliminary Objection was without merit
The Petitioner alleged that the Respondents' dealings with the suit properties were unlawful, unprocedurally done and through a corrupt scheme, and that the elders' panel lacked jurisdiction. Relying on Dina Management Limited v County Government of Mombasa, the court held that time does not legitimize an illegality and limitation statutes cannot shield unconstitutional acts, so the objection failed.
Legal principles established
#- A preliminary objection must be founded on a settled and crisp point of law whose application to undisputed facts leads to only one conclusion
- A preliminary objection cannot be sustained where the court must first ascertain contested facts or interrogate evidence
- The statute of limitations does not apply to illegalities, nullities or continuing violations of constitutional rights
Court orders
#- 1.The Preliminary Objection dated 11th November 2025 is dismissed
- 2.Costs of the Preliminary Objection awarded to the Respondent
- Jurisdiction invoked
- Article 165(2) of the Constitution of Kenya (Environment and Land Court), suit brought as a constitutional petition alleging violation of Articles 10, 40, 47, 48, 50 and 159
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wanjiru (Suing on behalf of the Estate of Noah Karuga Koinange) v Kariuki (Executor of the Estate of Wilfred Koinange Gathiomi) & another (Environment and Land Petition E021 of 2025) [2026] KEELC 3441 (KLR)", Case Analysis (2026). Thika ELC Petition E021 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3441/eng@2026-05-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.