Kenya's specialised court for land disputes, evictions, and environmental matters. It hears cases under the Land Act, Land Registration Act, and community land claims, and can grant injunctions to stop illegal evictions.
The Environment and Land Court (ELC) is established under Article 162(2)(b) of the Constitution and the Environment and Land Court Act, 2011. It has jurisdiction to hear disputes relating to the environment and use and occupation of, and title to, land. The ELC hears: land ownership and boundary disputes; eviction cases (including challenges to unlawful evictions); environmental damage claims; enforcement of land rights of vulnerable groups; and disputes under the Land Act, 2012, Land Registration Act, 2012, and Community Land Act, 2016. For urgent eviction threats, the ELC can grant a conservatory order (injunction) to stop an eviction pending hearing. An application for an injunction must show: a prima facie case, risk of irreparable harm if the order is not granted, and that the balance of convenience favours granting the order. The ELC has a station in most counties and a principal seat in Nairobi.
Landlord attempts to lock out a tenant who is three months behind on rent. The tenant rushes to the ELC and applies for a conservatory order. The ELC grants an interim order prohibiting eviction and orders parties to appear for a hearing within 14 days.
The Advocate covers Kenyan law and Scripture — 389 real scenarios across 7 countries with exact rebuttals and law references. Free to start.
Explore Kenyan Rights — Free