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ELCDismissedPetition dated 12.5.2025 (Nanyuki)· [2026] KEELC 4113 (KLR)

Kamundia & 23 others v Registered Trustees of Munishoi Group Ranch & 2 others (Environment and Land Petition E001 of 2025) [2026] KEELC 4113 (KLR)

Environment and Land Court
1 July 2026
LMLucy N. Mbugua
1,139 words in judgment
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The bottom line

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A Kenyan court ruled that landowners cannot have their case thrown out simply for not getting consent during land adjudication, once that process has ended.

What this practically means

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Executive summary

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The petitioners, claiming to be born on parcel No. Laikipia/indigiri/6 registered in the name of Munishoi Group Ranch, filed a petition dated 12.5.2025 seeking inclusion in the group ranch register, compensation, and a permanent injunction against eviction, asserting the land is community land under Article 63 of the Constitution. The 1st respondent raised a preliminary objection dated 10.6.2025 on three grounds: that the suit offends Section 30(1) of the Land Adjudication Act, that it offends Section 6 of the Civil Procedure Act (sub judice), and that the petition is incompetent and an abuse of process. The petitioners responded that previous eviction attempts through Nanyuki CMCC 59 of 2006 and Nyeri High Court Civil Appeal No.152 of 2009 were dismissed, and that their exclusion from the register is a continuing violation. The court, applying the Mukisa Biscuit definition and Oraro v Mbaja, examined each ground. On the consent requirement, it held the bar in Section 30(1) applies only before an adjudication register becomes final, and since the pleadings nowhere show when or how adjudication occurred, the objection could not be upheld. On sub judice, the court found CMCC 59 of 2006 was dismissed as a trespass claim reserved for Land Tribunals, the appeal was incompetent for being filed out of time (no substantive appeal existed), and a plaint dated 5.1.2025 had no case number or evidence of filing. There was no evidence the constitutional issues had been previously litigated. The preliminary objection was dismissed with costs to the petitioners.

Key legal issues

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01

Consent requirement under Section 30(1) of the Land Adjudication Act

Holding

The objection fails because the pleadings do not show when or how adjudication took place, so the court cannot determine the bar applies

Reasoning

The court set out s.30(1) and noted the bar operates only while the adjudication register is not final. Since the pleadings are silent on when and how adjudication occurred, the court cannot find the adjudication process was still live or that consent was required, and cannot strike out the suit on that basis.

p. 4
02

Sub judice under Section 6 of the Civil Procedure Act

Holding

Neither the prior suit (CMCC 59 of 2006, dismissed as a trespass claim for the Land Tribunals), the incompetent appeal, nor the unnumbered 2025 plaint raises the same constitutional issues

Reasoning

CMCC 59 of 2006 was dismissed because trespass claims lay with Land Tribunals; High Court Civil Appeal No.152 of 2009 was found incompetent for being filed out of time, so no substantive appeal existed; and the plaint dated 5.1.2025 has no case number or evidence of filing. None involves the constitutional issues now raised.

p. 4

Legal principles established

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  • Once an adjudication register has become final, the dispute resolution mechanism under the Land Adjudication Act ceases and it would be futile to send litigants back to a non-existent process
  • Section 30(1) of the Land Adjudication Act does not oust the court's jurisdiction; it merely suspends litigation until the adjudication process is complete
  • A preliminary objection cannot succeed where ascertainment of facts is required

Court orders

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  1. 1.The Preliminary Objection dated 10.6.2025 is dismissed
  2. 2.Costs of the Preliminary Objection awarded to the petitioners

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 63
  • Land Adjudication ActSection 30(1) (and 29(3) referenced therein)
  • Civil Procedure Act Cap 21Section 6

Cases cited (4)

  • Mukisa Biscuit Company Ltd Vs West End Distributors
    1969 E.A 896
  • Oraro v Mbaja
    (2005) eKLR
  • Republic v Musanka Ole Runkes Tarakwa & 5 others Ex-parte Joseph Lesalol Lekitio & others
    [2015] eKLR
  • Stanley Lezen Mliwa vs. Leonard Kapala Makangalu & 2 Others
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under the Constitution (petition premised on Article 63 community land); court seized of a preliminary objection under the Land Adjudication Act (s.30(1)) and Civil Procedure Act (s.6)

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, "Kamundia & 23 others v Registered Trustees of Munishoi Group Ranch & 2 others (Environment and Land Petition E001 of 2025) [2026] KEELC 4113 (KLR)", Case Analysis (2026). Petition dated 12.5.2025 (Nanyuki). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4113/eng@2026-07-01

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