Kenyan case law
-
Diocese of Embu Trustees, Registered v National Land Commission & 2 others [2019] KEELC 586 (KLR)
✦ The court held that the NLC had jurisdiction to review the Petitioner's title and to direct the Chief Land Registrar to revoke it, but the Petitioner's request for the Chief Land Registrar to register the property in the name of the 2nd Respondent was not supported by the law.
-
Elizabeth Chebet Langat & 3 others (Suing as the administrators of the Estate of Samwel Cheruiyot Langat) v Joel Kipngeno Byomdo [2019] KEELC 641 (KLR)
✦ The plaintiffs have established a prima facie case of adverse possession and the court grants an injunction to preserve the plaintiffs' possession of the property pending the suit.
-
Joachim Njuguna Mbugua & 2 others v Jenesio Mugo [2019] KEELC 607 (KLR)
✦ The Plaintiffs failed to prove adverse possession.
-
Peter Thuo Murugah v Githinji Waweru [2019] KEELC 287 (KLR)
✦ The Court finds that the Plaintiff has proved a customary trust in the land and the Defendant's denial of the other family members the right to land constitutes fraudulent breach of trust.
-
David Kiprotich arap Too v Stephen Mburu Njoroge [2019] KEELC 508 (KLR)
✦ The court finds the suit is res judicata and upholds the preliminary objection, striking off the suit with costs.
-
Muugu Kuria v Clerk Kiambu County Council; Parmuat Francis Looremetta & another (Interested Parties) [2019] KEELC 278 (KLR)
✦ The application to join the applicants as defendants is allowed.
-
Christopher Wanyama Wafula & 4 others v Besy Trading Ltd & 8 others [2019] KEELC 605 (KLR)
✦ The orders sought are merited.
-
John Kiroria Uvoro & another v Rosemary Mucogo Mbui [2019] KEELC 520 (KLR)
✦ The court dismisses the appeal and awards costs to the respondent on the higher scale
-
Keya Luvale v Stephen Omusebe [2019] KEELC 647 (KLR)
✦ The plaintiff is the registered proprietor of the land parcel No. Kabras/Lukume/2524 and the defendant is ordered to vacate the land within six months and a permanent injunction is granted to restrain the defendant from interfering with the plaintiff's use and occupation of the land.
-
Samuel Pkiech & another v County Government of West Pokot [2019] KEELC 467 (KLR)
✦ The court finds in favor of the plaintiffs and orders the defendant to execute Land Control Board and Transfer Forms to retransfer the land to the plaintiffs.
-
Rispa Maende Olando v Praxidis A Osale & 6 others [2019] KEELC 711 (KLR)
✦ Application dismissed as no evidence was provided that the 2013 order was ever served on the respondents, and the applicant is advised to follow proper channels for court order execution.
-
Peris Wacera Kamochee v Joseph Mwangi Wambugu (Sued as the executor of the will of Wambugu Mbora [2019] KEELC 642 (KLR)
✦ The appeal is dismissed with costs to the respondent
-
Registered Trustees of the EA Yearly Meeting of Friends Church Kaimosi Thro’ Lucas Mudoga & 6 others v Andrew Inganji & 7 others [2019] KEELC 545 (KLR)
✦ The preliminary objection is not merited and is struck out. The matter is transferred to the Chief's Magistrate Court for hearing and determination.
-
Magabe Nyohero Mahiri v Charles Mwita Mbusiro (Sued as personal Representative of the estate of Daniel Mbusiro Mwita -Deceased) [2019] KEELC 492 (KLR)
✦ The court held that the plaintiff has not established his claim for adverse possession to the required standard.
-
Cecilia Njoki Maina v Jane Wambui Wahome [2019] KEELC 615 (KLR)
✦ The appeal is dismissed with costs to the respondent.
-
Catherine Muthoni Ngari & another v Gerald Kithu Muchanje [2019] KEELC 566 (KLR)
✦ The court found in favor of the Plaintiffs, confirming their right to the land and directing that they be registered as proprietors of the land in place of the Defendant.
-
Paul Kinyumo Njoroge v Maingi Wamuti Mbiri [2019] KEELC 210 (KLR)
✦ The court finds no merit in the suit and dismisses it with costs to the defendant
-
Pinnacle Farm Limited v Administrators Estate of the Late Philip Mutuse Mwengi & 2 others [2019] KEELC 445 (KLR)
✦ The 2nd and 3rd Respondents are ordered to repeat the survey exercise in line with the consent order dated 16th July, 2019 and to take into consideration the beacons said to be on the side of the parcels in question. The 2nd and the 3rd Defendants/Respondents to file their further report within the next 45 days from the date hereof.
-
Lilian Wambui Kuria v Ol Kejuado County Council [2019] KEELC 538 (KLR)
✦ The Plaintiff is the legal owner of the suit plot and has been in quiet possession with the knowledge and acquiescence of the Defendant.
-
Republic v Cabinet Secretary for Lands & Natural Resources & 6 others [2019] KEELC 425 (KLR)
✦ The application is dismissed with costs to the 6th Respondent.
-
Kenya Aids Ngo Consortium & another v Andrew Ouko & another [2019] KEELC 167 (KLR)
✦ The orders sought in the Notice of Motion application dated 18th July, 2016 are merited. The application is allowed in terms of prayers 2 and 3 thereof. The 1st defendant shall have the costs of the application.
-
Stanley & Son Limited v Attorney General,National Land Commission,County Assembly of Makueni,County Government of Makueni & William Nduse Matheka Sued In His Capacity As Chairman of Kiu-Kalanzoni And Mukaa (Kiamuka) Society (? 5 of 2018) [2019] KEELC 131 (KLR) (28 November 2019) (Ruling)
✦ The court grants conservatory orders to restrain the NLC from conducting historical land injustice investigations and to stay the NLC's decision to carry out a survey of the Petitioner's property.
-
Francis Waithaka Ngariuko v Margaret Nyawira Kariuki (Environment & Land Case 41 of 2014) [2019] KEELC 29 (KLR) (28 November 2019) (Ruling)
✦ The Plaintiff's application for reinstatement of the suit is dismissed with costs to the Defendant.
-
County Council of Baringo v David Roberts Wildlife Limited [2019] KEELC 610 (KLR)
✦ The court dismissed the application for amendment to substitute the plaintiff and ordered costs against the non-existent party.
-
Manyonge Wanyama and Associates v County Government of Kirinyaga [2019] KEELC 571 (KLR)
✦ The court's ruling on the taxation of costs is upheld, but the Applicant's amended bill of costs should be submitted for a fresh taxation before another taxing officer