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ELCAllowedELC MISC APP E006 OF 2026· [2026] KEELC 4427 (KLR)

Kimbui & 2 others v Ntongai (Environment and Land Miscellaneous Case E006 of 2023) [2026] KEELC 4427 (KLR)

Environment and Land Court
8 July 2026
363 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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The applicants filed a chamber summons application dated 20.4.2026 in the Environment and Land Court at Nanyuki (ELC MISC APP E006 OF 2026) seeking a temporary order of eviction and/or vacant possession of Ngobit Supuko Block 5/3492 (original number Ngobit/Supuko 5/80), police assistance from the OCS Ngobi Police Station to enforce compliance, and costs. The applicants asserted they are the registered owners of the suit property and that the defendant was permitted to remain as a caretaker, permission that was later revoked. A notice to vacate dated 15.9.2025 was issued but the defendant refused or neglected to comply, and the continued occupation was said to interfere with the applicants' proprietary rights. The defendant was served per an affidavit of service dated 13.6.2026 but filed no response, so the application was unopposed. Justice Lucy N. Mbugua scrutinized the documents, noting a certificate of title dated 16.6.2025 registered in the applicants' names. Relying on Section 25 of the Land Registration Act, the court held that the applicants deserved protection of their right to property and that, since a notice to vacate was duly issued, the orders sought were merited. The application was allowed with costs to the applicants. Judgment was delivered at Nanyuki on 8 July 2026 through Microsoft Teams.

Key legal issues

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01

Entitlement of registered owners to eviction of a former caretaker whose permission was revoked

Holding

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.

Reasoning

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.

p. 3

Legal principles established

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  • A registered proprietor is entitled to protection of the right to property under Section 25 of the Land Registration Act

Court orders

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  1. 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. 2.Officer Commanding Station, Ngobi Police Station to provide assistance to ensure compliance with the eviction/vacant possession order
  3. 3.Costs of the application awarded to the applicants

Authorities

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Legislation

  • Land Registration ActSection 25
Jurisdiction invoked
Environment and Land Court jurisdiction under the Land Registration Act and the Environment and Land Court Act

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, "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.