Kimani v Wanjiru & 2 others (Environment and Land Case 559 of 2017) [2025] KEELC 6362 (KLR) (22 May 2025) (Judgment) Neutral citation: [2025] KEELC 6362 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT AND LAND CASE 559 OF 2017 J OMANGE, J MAY 22, 2025 BETWEEN MARY WANJIKU KIMANI ...................................................................... PLAINTIFF AND MARY WANJIRU ............................................................................. 1ST DEFENDANT MARTIN PAUL ................................................................................ 2ND DEFENDANT NAIROBI CITY COUNTY GOVERNMENT ............................... 3RD DEFENDANT JUDGMENT 1. This matter arises from a dispute over leasehold interest in residential premises known as House Number 84-3D Umoja II Estate, Nairobi. The suit was commenced vide a Plaint dated 24th August 2017 and amended on 12th September 2017 in which the Plaintifi prays for the following orders; a. A declaration that she is the legal owner of House No. 84-3D Umoja II Estate Nairobi. b. Eviction of the 1st and 2nd Defendants. c. Costs of the suit. d. Any other relief deemed just. 2. Judgment was earlier entered in default of appearance of the Defendant, but was set aside by this Court on 2nd May 2024, upon the application of the 1st Defendant. 3. The Plaintifi testified that she applied for the house in 1987 through application No. 024831 and was allocated House No. 84-3D. She was issued with a house account No. 761 and paid a sum of Kshs. 58,490, for which she produced a receipt. She has since paid rates and produced documentation from the Nairobi City County confirming her registration. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6362/eng@2025-05-22 1
page 1 of 2
4. In May 2016, the 1st Defendant allegedly forcefully took possession of the house and installed the 2nd Defendant as a tenant. The 1st Defendant on her part asserts that she balloted for the same unit and paid Kshs. 52,000, but found someone else in the house. She claims her documents were stolen and that City County records bore her ID number xxxxxxx under the name Mary Wanjiku Kimani, while she maintains her correct name is Mary Wanjiku. 5. The central issue for determination is the ownership and rightful possession of the leasehold interest in House No. 84-3D. The Plaintifi produced documentary evidence including her application, house account details, payment receipts, and rate payments, all in her name and ID No. 292xxxxxxx. These records were confirmed by documents from the Nairobi City County 6. The 1st Defendant did not produce any corresponding oficial documentation from the Nairobi City County showing allocation in her name or proving her payments. 7. Her claim rests on allegations of stolen documents and a purported error in registration whereby she states that her ID number xxxxxxx appears as the owner of the premises with the name Mary Wanjiku Kimani which is the Plaintifis name and not hers. 8. The court has considered the documentation produced by both parties. The Plaintifi Mary Wanjiku Kimani has produced a letter from then Nairobi City Commission confirming her ballot number 761 and allocating her 84/3/D. The letter is dated 30th October 2007. She also produced House Card number dated 5th January 1988 which bears her name and ID number 292844/xx which the court had occasion to physically view in court. She has produced receipts confirming rent payments over the years in her name. She recounted to the court how the 1st Defendant forcefully took over possession of the property a fact confirmed by the 1st Defendant. 9. On the other hand is the 1st Defendant whose claim to the property seems to be hinged only on an allegation that her documents got lost and also on a claim her ID Number xxxxxxx appears in the records. Contrast this with the Plaintifi who has all documents with the correct name and identity card and who until her forceful eviction by the 1st Defendant was in possession of the property. 10. Considering the evidence by both parties and the demeanor of the two in court, I am satisfied that the Plaintifi who has all the documentation, is the bonafide owner of the leasehold interest in the suit property. Judgement is entered for the Plaintifi against the 1st and 2nd Defendant in the following terms; a. A declaration is hereby issued that the Plaintifi, Mary Wanjiku Kimani, is the lawful owner of House No. 84-3D Umoja II Estate Nairobi. b. An order of eviction is issued against the 1st and 2nd Defendants, jointly and severally. c. The Defendants shall vacate the suit premises within 60 days, failing which an eviction order shall issue JUDGEMENT SIGNED DATED AND DELIVERED VIA MICROSOFT TEAMS THIS 22ND DAY OF MAY 2025 JUDY OMANGE JUDGE In the presence of Court Assistant Catherine No appearance https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6362/eng@2025-05-22 2
page 2 of 2