NAIROBI, Kenya – Kenyans embroiled in land disputes may soon see faster resolutions if the Environment and Land Court (Amendment) Bill, 2025 becomes law.
The proposed legislation sets a two-year deadline for the court to hear and determine all cases from the date they are filed, aiming to address the prolonged delays that have frustrated litigants for years.
The Bill, introduced by nominated Senator Tabitha Mutinda, mandates that “in exercise of its jurisdiction under this section, the Court shall hear and determine cases within two years after they are filed.”
Senator Mutinda says the amendment will ensure timely justice while helping the court dispose of land cases without unnecessary delays.
The Senate’s Justice, Legal Affairs, and Human Rights Committee has already approved the Bill for publication and first reading.
Currently, the Environment and Land Court (ELC) faces a heavy backlog. By December 2024, there were 13,971 unresolved disputes, with 9,335 older than a year.
Courts in Milimani (1,645), Thika (1,231), and Eldoret (1,066) recorded the highest number of pending cases.
Frequent adjournments, absent parties, unprepared lawyers, and the complex nature of land cases have contributed to these delays.
Many cases require extensive evidence, multiple witnesses, and detailed documentation.
Despite the challenges, the Judiciary has made some progress. Between July and December 2024, the ELC received 3,629 new cases but resolved 5,170, achieving a case clearance rate of 142%—indicating the court cleared more cases than it received.
The Judiciary attributes this progress to technology upgrades, court-annexed mediation, and other efficiency measures.
Looking ahead, the Judiciary plans to digitize land records, hire additional judges, and expand mediation efforts.
If the Bill passes, it could significantly speed up land dispute resolutions, offering Kenyans a clearer path to justice in one of the country’s most sensitive areas of law.
