Njeru v Thagana (Environment and Land Case 361 of 2015) [2025] KEELC 7798 (KLR) (16 October 2025) (Ruling) Neutral citation: [2025] KEELC 7798 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT EMBU ENVIRONMENT AND LAND CASE 361 OF 2015 AK BOR, J OCTOBER 16, 2025 BETWEEN MARY CIUMWARI NJERU ...................................................................... PLAINTIFF AND DANIEL NJERU THAGANA ................................................................ DEFENDANT RULING 1. The plaintifi commenced this suit vide the undated plaint, which was received in the court registry on 28/12/2015. Her claim was that the defendant married her as a second wife in 1994 under the rights and customs of the Aembu tribe, and that she cohabited with the defendant and they were blessed with 4 children. She averred that they resided on the family land known as Ngandori/Kiriari/878 which she termed as matrimonial property. Her claim was that she contributed towards the construction of the stone building and the purchase of a plot at Kagumori Town. 2. She sought an order for the defendant to be compelled to transfer an acre out of the land and 1/3 value of the commercial cum residential building standing on the matrimonial land. Her claim was that the defendant chased her away from the matrimonial home and married a third wife. The plaintifi amended her plaint on 14/2/2022 and set out the amounts that she was claiming by a way of a refund from the defendant. 3. The defendant denied that the land known Ngandori Kiriari 878 was matrimonial property. He maintained that he constructed the permanent matrimonial home on the land with his first wife. He also denied that the plaintifi had contributed to the acquisition and development of the land and was emphatic that the suit land is not subject to subdivision as matrimonial property. He added that the plaintifi got married elsewhere and could not therefore claim any property from him. 4. The hearing of the suit commenced before Judge Kaniaru on 1/2/2022 when the plaintifi gave evidence and was adjourned when the plaintifi told the court that she had forgotten some things because she was https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7798/eng@2025-10-16 1
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a bit stressed. The plaintifi gave further evidence on 15/2/2023 and was cross-examined on 7/6/2023. She called Charles Gitari Nyaga as a witness on 13/3/2024. 5. The plaintifi’s third witness, Lucy Wamugo Njue, testified before me on 18/2/2025. The defendant testified on 18/2/2025 and sought time to bring another witness who was not in court. His second witness, Michael Njeru Francis gave evidence on 28/4/2025. On conclusion of the hearing, the court directed parties to attempt to resolve the matter within 14 days. They did not agree and on 13/5/2025 the court gave directions for the filing and exchange of written submissions. On 16/6/2025 the plaintifi sought time to file her submissions. The court fixed the matter for delivery of judgment on 3/7/2025 when the judgment was not ready. 6. Upon perusing the file and the submissions of the parties, the court realized that the matter in issue is the division of matrimonial property, which includes making a determination of the contribution made by each party towards the acquisition and development of the property in issue. The other issue to be determined is whether or not the suit land constitutes matrimonial property. The right court to determine the dispute is not the Environment and Land Court. 7. In the interest of justice, the matter will be placed before the Presiding Judge, Embu High Court for directions on the determination of the dispute. The proceedings in the case will be typed and placed in the court file. DELIVERED IN OPEN COURT AT EMBU THIS 16TH DAY OF OCTOBER, 2025. ........................................................... K. BOR JUDGE In the presence of: Mary Ciumwari Njeru - Plaintifi Daniel Njeru Thagana - Defendant Court Assistant - Diana Kemboi https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7798/eng@2025-10-16 2
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