Mutunga v Mutunga & 5 others (Environment and Land Case 105 of 2018) [2026] KEELC 5004 (KLR)
The bottom line
#A Kenyan land court confirmed you can sue over a deceased person's land using only a limited grant ad litem—no full administration grant needed.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection meets the test for a preliminary objection
The preliminary objection is dismissed as it requires ascertainment of facts and is devoid of merit.
Applying the Mukisa Biscuit test, a preliminary objection must be a pure point of law. The Defendants' contentions about the administrators of the estate and the scope of the limited grant require ascertainment of facts, disqualifying them from being raised as preliminary objections. Further, the limited grant ad litem issued to the Plaintiff on 25th October, 2018 conferred locus standi to file the suit, which was instituted a week later.
Whether the court has jurisdiction over the suit
The court has jurisdiction as the suit seeks injunctive and eviction orders over land.
The Defendants contended the court lacks jurisdiction over succession matters. The court held that the prayers in the plaint, including injunctive and eviction orders in respect of LR No. Nzaui/Kawala/961, fall within its jurisdiction as an Environment and Land Court.
Whether the Plaintiff had locus standi to institute the suit
The Plaintiff had locus standi based on the limited grant ad litem and did not require a full grant.
The limited grant of letters of administration ad litem issued on 25th October, 2018 authorised the Plaintiff to file suit in respect of the estate of John Nzonga Kamwathi. Relying on Atieno & Another, a limited grant ad litem suffices to establish locus standi; a full grant is unnecessary.
Legal principles established
#- A claimant suing on behalf of a deceased person only requires a limited grant ad litem to establish locus standi, rather than a full grant.
Court orders
#- 1.The preliminary objection is dismissed with costs to the Plaintiff
- Jurisdiction invoked
- Environment and Land Court jurisdiction over disputes relating to land (LR No. Nzaui/Kawala/961)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mutunga v Mutunga & 5 others (Environment and Land Case 105 of 2018) [2026] KEELC 5004 (KLR)", Case Analysis (2026). ELC NO. 105 OF 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5004/eng@2026-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.