Senate Bill proposes two-year deadline for land court cases

If passed, the Bill could greatly speed up the handling of land disputes. (Photo: File)

By Maureen Kinyanjui
Tuesday, December 9, 2025

If passed, the Bill could greatly speed up the handling of land disputes, giving citizens a clearer path to justice in one of Kenya’s most sensitive areas of law.

Kenyans facing land disputes could soon see faster resolutions if a new Bill before the Senate becomes law.

The Environment and Land Court (Amendment) Bill, 2025, proposes a two-year deadline for all cases from the date they are filed, aiming to cut down the lengthy wait times that have long frustrated litigants.

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“In exercise of its jurisdiction under this section, the Court shall hear and determine cases within two years after they are filed,” reads the Bill, introduced by nominated Senator Tabitha Mutinda.

Delays in the Environment and Land Court have been a major concern, with many cases dragging on for years. Senator Mutinda emphasises that the amendment will help ensure timely justice for citizens.

“By introducing this amendment to the Act, this Bill will help litigants get justice within a reasonable time and also help the Court dispense with land cases without undue delays,” she notes in the Bill’s memorandum.

The Senate’s Justice, Legal Affairs, and Human Rights Committee has already approved the Bill for publication and first reading in the House.

Currently, the ELC is struggling with a large number of pending cases. By December last year, the court had 13,971 unresolved disputes, with 9,335 older than a year. Milimani (1,645), Thika (1,231), and Eldoret (1,066) recorded the highest backlogs.

Frequent adjournments, unprepared lawyers, absent parties, and the complex nature of land cases, often requiring detailed evidence, documents, and multiple witnesses, have worsened the delays.

Despite these hurdles, the court has achieved some progress. A Judiciary report shows a 20 per cent reduction in the backlog thanks to technology upgrades, court-annexed mediation, and other efficiency measures.

Between July and December last year, the ELC received 3,629 new cases but resolved 5,170, resulting in a case clearance rate of 142 per cent.

“A CCR above 100 per cent means the court is resolving more cases than it’s receiving—not just keeping up with new cases but also clearing the backlog,” the Judiciary explained.

The Judiciary is also proposing further measures, including digitising land records, hiring additional judges, and expanding mediation efforts.

If passed, the Bill could greatly speed up the handling of land disputes, giving citizens a clearer path to justice in one of Kenya’s most sensitive areas of law.