Kimbui & 2 others v Ntongai (Environment and Land Miscellaneous Case E006 of 2023) [2026] KEELC 4427 (KLR)
The bottom line
#Kenya's Environment and Land Court ordered a former caretaker evicted, confirming that registered landowners with a valid title can reclaim their property after revoking permission.
What this practically means
#Executive summary
#Key legal issues
#Entitlement of registered owners to eviction of a former caretaker whose permission was revoked
The applicants, as registered proprietors with a certificate of title, deserved protection of their proprietary rights and the defendant's continued occupation after a valid notice to vacate was unjustified; the orders sought were merited.
The court scrutinized the filed documents, including a certificate of title dated 16.6.2025 registered in the applicants' names. Relying on Section 25 of the Land Registration Act, it found the applicants entitled to protection of their property rights. A notice dated 15.9.2025 requiring the defendant to vacate was duly issued but refused or neglected. The defendant was served but filed no response, and the application was unopposed.
Legal principles established
#- A registered proprietor is entitled to protection of the right to property under Section 25 of the Land Registration Act
Court orders
#- 1.Temporary order of eviction and/or vacant possession of Ngobit Supuko Block 5/3492 (original number Ngobit/Supuko 5/80) pending inter-parties hearing made absolute
- 2.Officer Commanding Station, Ngobi Police Station to provide assistance to ensure compliance with the eviction/vacant possession order
- 3.Costs of the application awarded to the applicants
- Jurisdiction invoked
- Environment and Land Court jurisdiction under the Land Registration Act and the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kimbui & 2 others v Ntongai (Environment and Land Miscellaneous Case E006 of 2023) [2026] KEELC 4427 (KLR)", Case Analysis (2026). ELC MISC APP E006 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4427/eng@2026-07-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.