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ELCPartially AllowedELCA No. E014 of 2025· [2026] KEELC 4921 (KLR)

Githinji v Kamau (Environment and Land Appeal E014 of 2025) [2026] KEELC 4921 (KLR)

Environment and Land Court
30 July 2026
MKMugo Kamau
1,913 words in judgment
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The bottom line

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Kenya's Environment and Land Court cut a trespass damages award from Kshs. 400,000 to 50,000 and told feuding neighbours to get the County Surveyor to mark their boundary.

What this practically means

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Executive summary

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The respondent sued the appellant in the Senior Resident Magistrate's Court at Engineer (ELC Case No. E005 of 2024), claiming permanent injunction, mandatory orders to remove a building under construction and back fill three trenches, special damages of Kshs. 49,994/- and general damages for trespass on parcel NYANDARUA/MKUNGI/677. He relied on his title deed, a sub-county forest office damage assessment, and the appellant's conviction for trespass in Engineer Criminal Case No. E071 of 2024 following a guilty plea. The appellant, owner of an un-titled ¼ acre hived from NYANDARUA/MKUNGI/4797, denied trespass and characterised the matter as a boundary dispute. The trial court granted the injunction and both mandatory orders, dismissed the special damages claim as unproven, and awarded Kshs. 400,000/- general damages plus costs, with supervision by the Ministry of Agriculture and other authorities. The appellant appealed, contending the magistrate wrongly relied on the criminal conviction, failed to independently assess defence evidence, mishandled the boundary dispute without surveyor input, gave expert advice too late, and awarded excessive damages. The Environment and Land Court varied the decision: holding the general damages were nominal and the respondent had failed to mitigate, it reduced the award to Kshs. 50,000/-, directed the parties to call the County Surveyor to mark the boundaries within 45 days, and ordered each party to bear his own costs. The injunction and mandatory orders of the lower court otherwise stand.

Key legal issues

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01

Quantum of general damages for trespass

Holding

The award of Kshs. 400,000/- was excessive because the damages were nominal in nature and the respondent failed to mitigate his loss; reduced to Kshs. 50,000/-

Reasoning

The trial magistrate had herself observed that the actual loss and damage caused by the trespass was not quantified and that the plaintiff was entitled to nominal damages, yet awarded Kshs. 400,000/-. On appeal, the judge held that since the award was nominal and the respondent had failed to mitigate a loss he could still mitigate, the appropriate figure was Kshs. 50,000/-.

p. 9
02

Boundary dispute and need for surveyor's evidence

Holding

The parties were directed to call the County Surveyor to mark the boundaries within 45 days

Reasoning

The appeal was grounded on the matter being essentially a boundary dispute between NYANDARUA/MKUNGI/4797 and NYANDARUA/MKUNGI/677, with the trial magistrate having recommended expert advice from surveyors, planners and NEMA only at judgment stage. The appellate court gave a practical direction that the parties call the County Surveyor to mark the boundaries.

p. 9

Legal principles established

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  • General damages for trespass where actual loss is not quantified are nominal in character and subject to reduction where the plaintiff fails to mitigate
  • Boundary disputes between neighbouring land owners require demarcation by the County Surveyor

Court orders

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  1. 1.The nominal/general damages for trespass reduced from Kshs. 400,000/- to Kshs. 50,000/-
  2. 2.Parties to call the County Surveyor to mark the boundaries within the next 45 days
  3. 3.Each party to meet his own costs

Authorities

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Legislation

  • Evidence Actsection 106
On appeal from
Senior Resident Magistrate's Court, Engineer
ELC Case No. E005 of 2024
Jurisdiction invoked
First appeal to the Environment and Land Court from the Senior Resident Magistrate's Court (ELCA No. E014 of 2025)

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, "Githinji v Kamau (Environment and Land Appeal E014 of 2025) [2026] KEELC 4921 (KLR)", Case Analysis (2026). ELCA No. E014 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4921/eng@2026-07-30

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