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ELCDismissedELC NO. E002 OF 2026· [2026] KEELC 4505 (KLR)

Kioko (On his Behalf and on Behalf of the Estate of the Late Kioko Ndulani) & 2 others v Ndulani & 2 others (Environment and Land Case E002 of 2026) [2026] KEELC 4505 (KLR)

Environment and Land Court
16 July 2026
EOE. O. Obaga
876 words in judgment
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The bottom line

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The Environment and Land Court refused to stop occupants from entering Makueni land because the applicant never legally challenged the Minister's earlier land adjudication decision.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court (E. O. Obaga, J) determined a notice of motion dated 30th January, 2026 in which the Plaintiff/Applicant sought an interlocutory injunction restraining the Defendants from interfering with parcel No. LR Makueni/Kilome/758, an order directing the OCS Kilome police station to assist in enforcement, and costs. The underlying suit sought a permanent injunction, a declaration that the parcel lawfully belongs to the estate of Kioko Ndulani, restoration and compensation for destroyed trees and environmental damage, and costs. The Applicant contended that in the Kilome Adjudication Section, Kioko Ndulani was allocated parcel 758 and his brother Matu Ndulani parcel 756; that after the 1st Respondent appealed in Adjudication case No. 71 of 2011, the Minister ordered parcel 758 shared between the two families; and that this decision was procedurally flawed, biased and influenced by the Deputy County Commissioner, with falsified evidence. The Applicant alleged the Respondents had entered the land, cut indigenous trees and excavated it. The Respondents filed no response or submissions, and the Applicant filed no submissions either. The court, testing whether a prima facie case with probability of success existed, held that the Applicant had not shown when the Minister's appeal was decided, in what proportions parcel 758 was to be shared, or that he pursued judicial review or constitutional proceedings against that decision. Since the Respondents moved onto the land pursuant to the unchallenged Ministerial decision, no prima facie case existed. The application was dismissed with no orders as to costs as the Respondents did not oppose it.

Key legal issues

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01

Whether the Applicant established a prima facie case with probability of success

Holding

No prima facie case was established; the Minister's decision on the adjudication appeal stands unchallenged and the Respondents' occupation follows from it

Reasoning

The Applicant conceded the suit parcel was subject to adjudication under the Land Adjudication Act and that the Minister, on appeal, ordered parcel 758 shared between the families of Kioko Ndulani and Matu Ndulani. The Applicant did not disclose when the appeal was decided, the proportions of the sharing, or that he sought judicial review or a constitutional petition against that decision. Since the Respondents moved onto the land pursuant to a valid, unchallenged Ministerial decision, the court found no basis for injunctive relief and dismissed the application.

p. 4

Legal principles established

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  • A party who does not challenge a Minister's decision in land adjudication by judicial review or constitutional petition has no prima facie case to warrant injunctions against implementation of that decision

Court orders

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  1. 1.The notice of motion dated 30th January, 2026 is dismissed
  2. 2.No orders as to costs, as the Respondents did not oppose the application
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under the Constitution and the Environment and Land Court Act over disputes relating to land parcel LR Makueni/Kilome/758

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, "Kioko (On his Behalf and on Behalf of the Estate of the Late Kioko Ndulani) & 2 others v Ndulani & 2 others (Environment and Land Case E002 of 2026) [2026] KEELC 4505 (KLR)", Case Analysis (2026). ELC NO. E002 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4505/eng@2026-07-16

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