Clement Muturi Kigano v County Government of Mombasa & 2 others [2020] KEELC 2128 (KLR)

Facts

The Plaintiff, Clement Muturi Kigano, claimed ownership of land in Mikindani Site and Service Scheme, which he alleged was originally allocated to Mwakandi Ngao Mwakandi in 1987. Mwakandi sold the property to Kigano, who secured it with barbed wire and cedar posts. In 2015, Kigano discovered temporary structures on the land and learned that the 2nd Defendant, Grace Wangui Mahuthu, was the registered owner. Kigano filed a judicial review application at the High Court, which was dismissed.

Issues

1. Ownership of the land
2. Injunctions to restrain Defendants from interfering with the land

Reasoning

The Court found that the Plaintiff did not have a prima facie case and that the Plaintiff's delay in instituting the case was unconscionable. The Plaintiff also failed to show irreparable harm.

Outcome

Appeal dismissed