Mohame v Abdi & 8 others (Environment and Land Case 33 of 2023) [2026] KEELC 4625 (KLR)
The bottom line
#A Kenyan landowner won Kshs 2 million plus eviction after the court found the defendants trespassed without any evidence of consent or title.
What this practically means
#Executive summary
#Key legal issues
#Validity of the Plaintiff's interest in the suit property
The Plaintiff, as lessee of Chakama Ranching Company Limited, proved a valid leasehold interest sufficient to sustain a trespass claim.
The Plaintiff's evidence of a lease agreement with the registered owner, corroborated by PW2 (the Ranch chairman), was uncontroverted. The Defendants failed to appear or adduce any evidence challenging the lease or the testimony, so the court treated the Plaintiff's evidence as the truth.
Whether the Defendants trespassed
Trespass was proved on a balance of probabilities; the Defendants entered the 'Digirie' area without title, licence or consent.
Under Section 3 of the Trespass Act a person entering private land must prove reasonable excuse or consent. Unchallenged testimony of PW2 was that the Defendants entered illegally without consent; they offered no proof of title or consent and failed to establish reasonable excuse.
Entitlement to remedies
The Plaintiff was granted a declaration of trespass, a permanent injunction, eviction, general damages of Kshs 2,000,000/= and costs.
Section 13(7) of the ELC Act empowers the court to grant appropriate relief; Section 152A of the Land Act prohibits unlawful occupation and authorises eviction subject to sections 152B to 152F. A perpetual injunction is apt where a clear proprietary interest and ongoing violation are proved; damages followed the Rhoda S Kiilu approach for expansive rural land.
Legal principles established
#- Where a party fails to call evidence to challenge the opponent's case, the court is entitled to treat the evidence on record as the truth.
- Trespass to land is actionable per se; the possessor need not prove specific damages.
- The measure of damages for trespass is the difference in the value of the plaintiff's property immediately after the trespass or the costs of restoration, whichever is less; where calculation is difficult, the circumstances of each case guide the court.
Court orders
#- 1.A declaration that the Defendants' entry and occupation of the suit property constitutes trespass
- 2.An order of permanent injunction restraining the Defendants, their agents or servants from entering, remaining on, or interfering with the Plaintiff's quiet possession of the suit property
- 3.An order for eviction directing the Defendants to vacate the suit property immediately
- 4.General damages of Kshs 2,000,000/= for trespass
- 5.Costs of the suit to the Plaintiff
- Jurisdiction invoked
- Section 13(7) of the Environment and Land Court Act No. 19 of 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohame v Abdi & 8 others (Environment and Land Case 33 of 2023) [2026] KEELC 4625 (KLR)", Case Analysis (2026). ELC NO. E033 OF 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4625/eng@2026-07-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.