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ELCPartially AllowedELCL APPEAL CASE NO. E042 OF 2025

John M'Marete Muketha & Daniel Gikundi M'Marete v Samwel Mwiti Muketha

Environment and Land Court at Meru
29 September 2026
BEB M Eboso
1,875 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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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.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the trial court erred in awarding the respondent 0.68 hectares instead of awarding him half of the suit land

Key legal issues

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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

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  • 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

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  1. 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. 2.Disposal order numbers (a), (b) and (d) in the trial Court's Judgment dated 27/5/2025 are upheld
  3. 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. 4.Parties shall bear their respective costs of this appeal
  5. 5.The platform for executing this appellate Judgment shall be the trial court file

The bench

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One judgment of the whole court — no separate or dissenting opinions.

BE
majority

Wrote the judgment

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)

Relief refused

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Setting aside the entire judgment of the trial court and decreeing equal sharing as sought by the appellants

The appeal only partially succeeded; the trust finding was uncontested and upheld, only the quantum of the award was varied

p. 7

Costs

Parties shall bear their respective costs of this appeal.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Disposal order number (c) in the trial court's Judgment is set aside and is hereby replaced with an order decreeing that land parcel number Nyaki/Mulathankari/65 be subdivided and shared equally between Samuel Mwiti Muketha (the respondent) and John M'Marete Muketha (1st appellant).
p. 8Final orders - variation of the trial court's disposal order
In the absence of evidence justifying the entitlement to 0.68 hectares, the proper award would be to decree that the suit land be shared equally between the two siblings.
p. 7Quantum of beneficial share under an established trust
The finding of the trial court in Meru CMC E & L Case No E057 of 2021 on the issue of existence of a trust in the registration of John M'Marete Muketha as proprietor of land parcel number Nyaki/Mulathankari/65 is upheld.
p. 7Upholding the trust finding

Issues in the judgment

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minor

Judgment states the trial court 'granted the appellant the key reliefs' where the respondent is meant

minor

Date of trial judgment misprinted in disposal order (b)

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, "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.