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ELCPartially AllowedNot stated in judgment· [2026] KEELC 5117 (KLR)

County Government of Kakamega v Mwangi (Environment and Land Case E025 of 2022) [2026] KEELC 5117 (KLR)

Environment and Land Court
22 July 2026
3,575 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court forfeited a Kakamega lease because the owner never developed the plot, so the county government repossessed the public land.

What this practically means

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Executive summary

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The County Government of Kakamega sued Alex Njoroge seeking forfeiture of the lease over Land Parcel No. Kakamega/Municipality/Block I/570 on account of breach of the special development conditions. The plaintiff pleaded that the lease issued on 23rd March 2007 required submission of development plans within six months and completion of development within twenty-four months, that the defendant failed to comply for over fourteen years, and that after a gazetted Appeals Panel process and a notice of repossession dated 11th January 2022, the lease was liable to forfeiture. The defendant denied breach, asserted lawful ownership and peaceful occupation, alleged unlawful entry, demolition of his fence and harassment, and counterclaimed for dismissal of the suit, a permanent injunction and costs. Each party called one witness. The defendant conceded in cross-examination that he had never submitted development plans and had not developed the property for approximately fifteen years, using it to store building materials, and that a prior suit he relied on (Kakamega CMCC MCL&E No. E114 of 2020) had been dismissed for want of prosecution. The court framed two issues: breach of the lease and entitlement to forfeiture. Applying Article 60 of the Constitution and Sections 12(9), 31 and 75 of the Land Act, the court held that undeveloped public land reverts to the allocating government, found the defendant in breach of the fundamental terms of the lease, and held that the plaintiff had complied with the statutory forfeiture procedure through newspaper and WhatsApp notices and the Appeals Panel hearing. The plaintiff's claim was allowed and the lease was declared forfeited for the defendant's lack of development. No express costs order appears in the judgment.

Key legal issues

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01

Whether the defendant breached the special conditions of the lease

Holding

The defendant breached the fundamental terms of the lease by failing to submit development plans within six months and to develop the property within 24 months of registration

Reasoning

The lease required submission of building plans within six months of registration and development within 24 months. The defendant conceded in cross-examination that he had never submitted development plans and had not developed the property for approximately fifteen years, using it instead to store building materials. No evidence of plans, approvals or construction was tendered. The court therefore found breach of the fundamental terms of the lease.

p. 16
02

Whether the plaintiff was entitled to forfeiture of the lease

Holding

The plaintiff complied with the statutory forfeiture procedure and was entitled to forfeiture of the lease

Reasoning

Section 31 of the Land Act permits a county government to commence an action for forfeiture upon breach of covenant, and Section 75 requires service of a notice of not less than thirty days specifying the breach. The evidence showed publication of a notice in the Daily Newspaper on 16th February 2021, a notice served by WhatsApp on 31st January 2022, and hearing through the Appeals Panel. The defendant had more than 30 days to remedy the breach but failed to do so before the suit was filed on 13th May 2022.

Legal principles established

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  • Where public land allocated to a private individual is not developed as required in the lease instrument, the land automatically reverts to the National or County Government.
  • A lessor who follows the statutory procedure for forfeiture (notice of not less than thirty days under Section 75 of the Land Act) is entitled to a declaration of forfeiture for breach of lease covenants under Section 31 of the Land Act.

Court orders

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  1. 1.The lease in respect to land parcel title No. Kakamega Municipality/Block I/570 is forfeited on account of the defendant's lack of development of the land
  2. 2.Plaintiff's claim allowed
Jurisdiction invoked
Section 31 and Section 75 of the Land Act (jurisdiction to declare a lease forfeited for breach of covenant); Articles 60 and 66 of the Constitution

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, "County Government of Kakamega v Mwangi (Environment and Land Case E025 of 2022) [2026] KEELC 5117 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5117/eng@2026-07-22

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