Kenyan case law
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Chesingei v County Land Registrar, Elgeyo Marakwet County & 3 others (Petition E006 of 2022) [2023] KEELC 20074 (KLR) (25 September 2023) (Judgment)
✦ The court held that the applicable law and procedures were not complied with in the purported compulsorily acquisition of the suit property by the Government of Kenya, rendering the acquisition unlawful and null and void.
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Ramogo & another v Integrity Holdings Limited (Environment & Land Case 173 of 2019) [2023] KEELC 20364 (KLR) (25 September 2023) (Judgment)
✦ The court finds that both the plaintiffs' and the defendant's developments are in violation of the relevant physical, land use planning, and environmental management laws. The plaintiffs' development was erected in violation of the mandatory requirements, and the defendant's development was erected in violation of the mandatory requirements. The court does not grant a permanent injunction to the plaintiffs.
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Jepkemboi & another v Ngisirei (Environment & Land Case E004 of 2023) [2023] KEELC 20230 (KLR) (25 September 2023) (Ruling)
✦ The court finds no proper preliminary objection before the court and dismisses the Notice of Preliminary Objection with costs.
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Kalinge v Directorate of Criminal Investigation Taveta (Through Kenya Police Service) & another (Environment & Land Case 14 of 2023) [2023] KEELC 20215 (KLR) (25 September 2023) (Ruling)
✦ The application is allowed for prayers 1, 2, 5, and 6, but not for prayers 3 and 4.
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Ngatuny & 2 others v Mosoiko & 2 others (Environment and Land Appeal 7 of 2022) [2023] KEELC 20163 (KLR) (25 September 2023) (Judgment)
✦ The Appellants' appeal is dismissed. The judgment and decree of the Trial Court are upheld. The 1st Respondent is entitled to the prayers sought in the Amended Plaint. The Appellants are denied the prayers sought in the Counter-claim.
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Rotich v Keter & another (Environment & Land Case 71 of 2015) [2023] KEELC 20005 (KLR) (25 September 2023) (Ruling)
✦ The ex-parte judgment entered on January 28, 2021 should be set aside as the defendants were not properly served with the originating summons.
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Sora v Golicha (Environment & Land Case A4 of 2023) [2023] KEELC 20041 (KLR) (25 September 2023) (Ruling)
✦ The appeal is marked as withdrawn and no costs are awarded.
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Republic v Land Registrar, Ruiru & another; Glafjecs Company Limited (Interested Party); Rafiki Microfinance Bank Limited (Exparte Applicant) (Judicial Review E003 of 2022) [2023] KEELC 20365 (KLR) (25 September 2023) (Judgment)
✦ The court dismissed the ex parte application for mandamus.
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Chepyegon (Suing as the next friend of Kamuren Chepyegon) & 3 others v Chepkeitany & another (Environment and Land Appeal E012 of 2022) [2023] KEELC 20493 (KLR) (25 September 2023) (Judgment)
✦ The court found an error in the registration of the land, ruling in favor of the appellants on some of their claims.
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Savala & another v Ndanyi (Environment & Land Case 248 of 2021) [2023] KEELC 20204 (KLR) (25 September 2023) (Ruling)
✦ The Court found that the 2nd Plaintiff/Respondent lacks locus standi to file the suit on his own behalf and/or on behalf of the estate of Hezron Ndanyi Lidede-deceased.
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Kirongo v Jerotich (Environment & Land Case E006 of 2023) [2023] KEELC 20236 (KLR) (25 September 2023) (Ruling)
✦ The court ordered the harvest of maize to be done during the current harvesting period but not later than October 15, 2023, when the March 13, 2023, orders shall take effect.
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Oge v Kara & another (Environment & Land Petition E001 of 2021) [2023] KEELC 20260 (KLR) (25 September 2023) (Ruling)
✦ The application is dismissed. Costs are awarded to the 1st respondent.
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Too v Njunge (Environment & Land Case 16 of 2022) [2023] KEELC 19990 (KLR) (25 September 2023) (Ruling)
✦ The defendant's motion to set aside the injunction is granted, and the injunction is set aside. The plaintiff's motion for an interlocutory injunction is dismissed.
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Nduku v Omusula & 2 others (Environment & Land Case 62 of 2016) [2023] KEELC 19910 (KLR) (25 September 2023) (Ruling)
✦ The application for contempt of court is dismissed as the plaintiff has not demonstrated the required standard of proof.
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Leonard N. Shimaka t/a Marende Necheza & Company Advocates v Registered Trustees of Mudzini Kwetu Center Trust (Environment and Land Appeal E023 of 2023) [2023] KEELC 20201 (KLR) (25 September 2023) (Ruling)
✦ The motion for a stay of execution is denied.
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Kathuni & another v Wang’ondu & 2 others (Environment & Land Case 99 of 2020) [2023] KEELC 20155 (KLR) (25 September 2023) (Judgment)
✦ The Plaintiffs are bona fide owners of the suit land and the Defendants are ordered to vacate the land and pay costs.
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Ngetich v Barngetuny & 2 others (Environment & Land Case 23 of 2021) [2023] KEELC 20228 (KLR) (25 September 2023) (Judgment)
✦ The Court determines the validity of the title deed and the entitlement to the land based on the evidence and submissions.
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Gatiba & another v Wanjiru & another (Sued as the administrators of the Estate of Paul Kungu Kabage) (Environment & Land Case 66 of 2023) [2023] KEELC 20179 (KLR) (25 September 2023) (Judgment)
✦ The Court finds that the Plaintiffs have not proved customary trust and are not entitled to the reliefs sought.
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Kungu v Gitau (Environment and Land Appeal E19 of 2022) [2023] KEELC 19919 (KLR) (22 September 2023) (Judgment)
✦ The appellant’s appeal lacks merit and must fail.
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Kanyora & 2 others (Suing for and on behalf of themselves and members of Maki Plot Owners Self Help Group) v Gachagua (Sued as the administrator of the Estate of Mary Mweru Gachagua, the administrator of John Gachagua Kibiru) (Environment & Land Case 703 of 2014) [2023] KEELC 19936 (KLR) (22 September 2023) (Judgment)
✦ The Court declares that the land in dispute is not part of the estate of John Gachagua Kibiru and that the Defendant should transfer the plots to the Plaintiffs' members.
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Gathura v Ngethe & another (Environment & Land Case 229 of 2012) [2023] KEELC 20102 (KLR) (22 September 2023) (Judgment)
✦ The court found in favor of the plaintiff, James Mwangi Gathura, on all issues raised.
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Naivasha Waterfront Development Limited v Kaigananie & 2 others (Environment & Land Case 41 of 2023) [2023] KEELC 20077 (KLR) (22 September 2023) (Ruling)
✦ The court allowed the application and issued an injunction restraining the defendants from selling, leasing, or interfering with the property pending the hearing and determination of the suit.
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Mwareri v Land Registrar (Naivasha) & 3 others (Environment and Land Judicial Review Case E3 of 2022) [2023] KEELC 20162 (KLR) (22 September 2023) (Judgment)
✦ The court grants orders of certiorari to remove to the Environment and Land Court and quash the decision and directive/order of the 1st respondent in the letter dated October 18, 2022 directing the applicant to surrender her title deed. The court also grants an order of prohibition against the 1st respondent from recalling for surrender title and rectifying the register on title number Miti Mingi/Mbaruk Block 5/932 (Kianjoya).
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Karungu (Suing as administrator of the Estate of John Ngige Karungu - Deceased) v Masira & another (Environment & Land Case 540 of 2016) [2023] KEELC 19984 (KLR) (22 September 2023) (Judgment)
✦ The court held that the land was not jointly owned and the 2nd defendant's claim of joint ownership is not valid.
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Kimondo v Nderitu & 2 others (Environment & Land Case E024 of 2022) [2023] KEELC 19938 (KLR) (22 September 2023) (Ruling)
✦ The court dismissed the application for restraining order, finding no prima facie case for the Applicant.