Kenyan case law

Cecily Karimi Mbaka v Grace Mwithi Maundu [2020] KEELC 63 (KLR)

✦ The court dismisses the Plaintiff's application to set aside the orders dismissing the suit for non-appearance and want of prosecution.

Mutuku Mwanza v County Government of Kitui & another [2020] KEELC 72 (KLR)

✦ The Business Premises Rent Tribunal does not have jurisdiction over disputes between an individual and a County Government.

Erdermann Property Limited v Safaricom Staff Pension Scheme Registered Trustees [2020] KEELC 3673 (KLR)

✦ The Plaintiff's applications for contempt are dismissed with costs.

Muriithi Muthike (suing as personal representative of the Estate of Muthike Uuki Gikunju alias Uki Gikunju) v Gladys N Nyawira, Mary N Mwaniki & Alice W Mucetha (Environment & Land Case 2 of 2019) [2020] KEELC 3285 (KLR) (7 February 2020) (Judgment)

✦ The court finds that the defendants did not obtain the title to the disputed land legally and procedurally, and enters judgment for the plaintiff against the defendants jointly and severally.

Muia Musyoka v John Kasyoni Makenzi & another [2020] KEELC 3675 (KLR)

✦ The Plaintiff's claim is upheld, and the 2nd Defendant's counter-claim is dismissed. The Title Deed for Mavoko Town Block 3/4398 is cancelled and consolidated with Mavoko Town Block 3/2200. The 2nd Defendant is restrained from dealing with the land.

Hesbon K. Limisi v Delilah Achieng Mathews & 2 others [2020] KEELC 3659 (KLR)

Kenya Anti-Corruption Commission v Ali Bunow Korane & 6 others [2020] KEELC 3792 (KLR)

✦ The application is dismissed with costs to the plaintiff.

Mary Wangui Karanja & another v Rhoda Wairimu Karanja & another [2020] KEELC 3647 (KLR)

✦ The 2nd defendant is a trespasser on the suit property and is ordered to vacate the property.

Patrick Romanus Omuto Odundo & another v Agro Chemicals & Food Company Ltd & 2 others [2020] KEELC 3740 (KLR)

✦ The Petitioners' application is dismissed. Costs in the cause.

Ramadhan Iddi Ramadhan & another v Brown Mwangisi Charo & 11 others [2020] KEELC 3814 (KLR)

✦ The Plaintiffs' application is allowed, and the Defendants are ordered to keep the peace and desist from interfering with the sale of the land.

Mbeere Elders Advisory Welfare Group (Ngome) & 4 others v Attorney General & 302 others; Ambrose Kithaka Kariuk & 6048 others (Interested Parties) [2020] KEELC 3716 (KLR)

✦ The court finds merit in the Applicants' notice of motion and orders the impugned allocation of the scheme land to be cancelled and the consent order of 12th January 2016 to be implemented afresh.

Benson Ngungi Kironjo v Joel Kithaka Maringa & 66 others [2020] KEELC 3723 (KLR)

✦ The court transfers the pending proceedings to the Magistrate's Court at Siakago for the Defendant's notice of motion dated 18th April 2019, and re-transfers the matter back to the Environment and Land Court at Embu upon disposal of the said application.

Mwanauwani Nassir & 8 others v Registered Trustees, Kenya Ports Authority Pension Scheme [2020] KEELC 3734 (KLR)

✦ An injunction is granted to restrain the defendant from interfering with the plaintiffs' right and occupation of the suit property.

Paragon Eletronics Limited v Nginyo Investment Limited [2020] KEELC 3633 (KLR)

✦ Application for stay pending appeal is dismissed with costs to the Respondent

Peter Mwai Marui v Lawrence Mahiga Muriithi & 2 others [2020] KEELC 3427 (KLR)

✦ The court held that the cancellation of the plaintiff as the proprietor of land title No. KABARE/GACHIGE/2730 was not regular and the plaintiff did not obtain title lawfully.

Godfrey Karume & another v Commissioner of Lands & 18 others [2020] KEELC 3759 (KLR)

✦ The Court declared that the land is trust land and that the purported cancellation of the Plaintiffs' titles and subsequent transfers were unconstitutional, illegal, and null and void ab initio.

George Gichuru Njoroge & 2 others v Samuel Muthui & 2 others [2020] KEELC 3654 (KLR)

✦ The court finds that the plaintiffs have proved their case on a balance of probabilities and are entitled to the prayers in the plaint.

Rachel Oduma Juma v Luke Omolo Okwiri & another [2020] KEELC 3665 (KLR)

✦ The application is not merited as the new evidence could not have been discovered through due diligence.

Anne Muthoni Karanu v La Nyavu Gardens Limited [2020] KEELC 3590 (KLR)

✦ The court stays the proceedings and refers the matter to an arbitrator who shall be appointed in the manner contemplated in clause 17 of the letter of offer dated 17th October 2010.

Riverbank Plaza Limited v City Council of Nairobi & another [2020] KEELC 3629 (KLR)

✦ The plaintiff's application is dismissed as the defendant did not willfully disobey the court order and was not aware of it.

John Oluoch Oketch (Suing as Administrator ad litem of the Estate of Ludia Oketch Obuonde) & Sharif Kapanga & 11 others [2020] KEELC 3820 (KLR)

✦ The Court ordered the Defendants to be committed to civil jail for disobeying the Court order and ordered the eviction of the Defendants from Plot No. 59 Malindi.

Rose Juma Nyanjom & 3 others v County Government of Kisumu & 2 others [2020] KEELC 3743 (KLR)

✦ The court finds that the project has an EIA license and that public participation was conducted. The court also finds that the Respondents complied with the Civil Aviation Act and Kenya Airports Authority Act.

Peter Gatihuri Karingu v Stephen Gathuku Kinyanjui & another [2020] KEELC 3640 (KLR)

✦ The court grants the plaintiff's application for a stay of execution on condition that he deposits security for costs in the sum of Kshs.50,000/= within 30 days.

Mellen Kwamboka Ochenge v Yahya Hassan Ali [2020] KEELC 3827 (KLR)

✦ The suit is stayed as it is sub judice.

Alixander Ngigi & another v Mark Ndungu & another [2020] KEELC 3709 (KLR)

✦ The court declared the land to be the plaintiffs' lawful property and issued a permanent injunction against the defendants.