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ELCPartially AllowedELCL APPEAL CASE NO. E042 OF 2025· [2026] KEELC 6012 (KLR)
John M'Marete Muketha & Daniel Gikundi M'Marete v Samwel Mwiti Muketha
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·~8 min to read original · ~4 min briefThe bottom line
#The Environment and Land Court in Meru ruled that family land held in trust must be split equally between the siblings.
What this practically means
#Executive summary
#This is a first appeal to the Environment and Land Court at Meru against the judgment of Hon E. Ndegwa (SRM) dated 27/5/2025 in Meru CMC E & L Case No E057 of 2021. The respondent sued his brother, the 1st appellant, seeking a declaration that the 1st appellant held 0.68 hectares of land parcel Nyaki/Mulathankari/65 (registered in the 1st appellant's name during land adjudication in respect of their late father's land) in trust for him, removal of a caution, transfer of that portion, and costs. The trial court found the trust proved on a balance of probabilities and awarded the respondent 0.68 hectares. The appellants appealed on three general grounds, contending the decision was lopsided and unsupported by the evidence, and sought an equal sharing of the 0.96-hectare parcel. The respondent filed no submissions, leaving the appeal unopposed. The court noted the appellants did not contest the finding that a trust existed, only the quantum awarded. Applying the settled first-appeal standard from Susan Munyi v Keshar Shiani and Abok James Odera v John Patrick Machira, the court held that no evidence justified the 0.68-hectare award and that, in the absence of such evidence, the land held in trust should be shared equally between the siblings. The appeal partially succeeded: the trust finding and trial disposal orders (a), (b) and (d) were upheld; disposal order (c) was set aside and replaced with an order that the parcel be subdivided and shared equally. Each party was to bear its own costs of the appeal, with execution to proceed through the trial court file.
Key legal issues
#01
Whether the trial court erred in awarding the respondent 0.68 hectares out of the 0.96-hectare suit land
Holding
Yes; the award was varied to an equal half-share since no evidence justified 0.68 hectares
Reasoning
The court found common ground that the suit land measured 0.96 hectares. The respondent tendered no evidence justifying entitlement to 0.68 hectares. As the parties are siblings and the 1st appellant held the land in trust, the proper award was an equal division. The trust finding itself was uncontested on appeal and therefore upheld.
p. 7
Legal principles established
#- A first appellate court must re-evaluate the whole evidence and reach its own independent conclusions.
- Where a claimant proves a trust but adduces no evidence justifying a particular share, the land held in trust is shared equally.
Court orders
#- 1.The finding of the trial court on the existence of a trust in the registration of John M'Marete Muketha as proprietor of Nyaki/Mulathankari/65 is upheld
- 2.Disposal order numbers (a), (b) and (d) in the trial Court's Judgment dated 27/5/2025 are upheld
- 3.Disposal order number (c) in the trial court's Judgment is set aside and replaced with an order that land parcel number Nyaki/Mulathankari/65 be subdivided and shared equally between Samuel Mwiti Muketha and John M'Marete Muketha
- 4.Parties shall bear their respective costs of this appeal
- 5.The platform for executing this appellate Judgment shall be the trial court file
- On appeal from
- Senior Resident Magistrate Court at Meru
- Meru CMC E & L Case No E057 of 2021
- Jurisdiction invoked
- First appellate jurisdiction over the Senior Resident Magistrate Court (Environment and Land Court Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John M'Marete Muketha & Daniel Gikundi M'Marete v Samwel Mwiti Muketha", Case Analysis (2026). ELCL APPEAL CASE NO. E042 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6012/eng@2026-09-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.