Iguna v Nyaga (Enviromental and Land Originating Summons E010 of 2026) [2026] KEELC 4572 (KLR)

The ELC's jurisdiction flows from Article 162(2)(b) and section 13 of the ELC Act, covering disputes over interests in land. It is not an appellate or supervisory court over probate matters unless the law expressly confers such jurisdiction. A confirmed grant under the Law of Succession Act remains valid until set aside, revoked or varied by the succession court or on appeal. Interfering with it would trench on a distinct statutory jurisdiction.

A court exercises discretion only on evidence placed before it. Under sections 107 and 109 of the Evidence Act, the party asserting a fact bears the burden of proving it. Apart from the bare assertion that the grant was confirmed, there was no material showing the terms of confirmation or stage of implementation. Nor was any imminent execution, transfer, eviction or other irremediable action shown; mere apprehension of dispossession is insufficient.

The Originating Summons is founded on an alleged purchaser's interest. Whether a valid sale agreement existed and whether the Applicant acquired an enforceable interest against the estate are contested questions requiring production and testing of evidence at the hearing. The Court also noted that the Law of Succession Act provides remedies such as revocation of grants or applications touching on probate confirmation, which the Applicant should pursue rather than seeking relief outside the scope of these proceedings.