The Environment and Land Court in Nairobi has dismissed an application seeking to block criminal proceedings arising from a dispute over a parcel of land in Loresho, Nairobi, allowing the prosecution process to continue.
In a ruling delivered on March 5, 2026, the court declined to grant leave for judicial review proceedings against the Director of Public Prosecutions (DPP) and the Directorate of Criminal Investigations (DCI).
The application had been filed through a Chamber Summons dated August 1, 2025, in which the applicant sought permission to challenge a directive issued by the DPP instructing investigators to arrest and prosecute individuals allegedly occupying the disputed property.
The directive was contained in a letter dated July 24, 2025, which directed that persons found occupying L.R. No. 18485 IR 232908 or L.R. No. 18485 IR 64011 in Lower Kabete, Nairobi be arrested and charged.
According to the directive, the individuals were to face charges of forcible detainer contrary to Section 91 of the Penal Code and trespass with intent to commit an offence contrary to Section 51 of the Trespass Act.
The applicant argued that the criminal process was being used to resolve a land dispute that is already the subject of ongoing civil litigation before the Environment and Land Court and the Court of Appeal.
Court documents indicated that investigators from the DCI conducted a raid on the disputed property on July 31, 2025, during which several individuals alleged to be workers of the applicant were arrested following the DPP’s directive.
However, the respondents opposed the application, arguing that the applicant had not demonstrated sufficient grounds to warrant judicial review proceedings.
In its determination, the court found that the existence of civil proceedings over ownership of land does not bar the State from pursuing criminal investigations or prosecutions where alleged criminal offences arise.
The court stated that the applicant had not demonstrated an arguable case with a reasonable chance of success to justify the grant of leave to commence judicial review proceedings.
The judge therefore dismissed the application with costs, effectively allowing the criminal justice process to proceed as directed by the prosecution authorities.
The dispute revolves around ownership and occupation of the Loresho property, which remains the subject of ongoing litigation in the courts.
