Kenyan case law
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Ogwakwa v Nyaruri & 4 others (Environment & Land Case 75 of 2017) [2023] KEELC 19159 (KLR) (27 July 2023) (Ruling)
✦ The court granted an interim order of stay of execution for 90 days, contingent on the defendants depositing Kshs 30,000 each in a joint interest earning account as security. The defendants are only allowed to cultivate seasonal crops and not to excavate stones, cut down trees, or construct any more structures.
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Abdallah & 4 others v Ali & 2 others (Environment & Land Case 8 of 2020) [2023] KEELC 18995 (KLR) (27 July 2023) (Judgment)
✦ The Plaintiffs' suit is struck out with no orders as to costs, as the matter is res judicata and the Plaintiffs are relatives of the Defendants.
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Owiti v Aridi & another (Environment and Land Appeal E48 of 2022) [2023] KEELC 19084 (KLR) (27 July 2023) (Ruling)
✦ The appellant's Notice of Motion application dated March 13, 2023 has no merit. The application is dismissed with costs to the respondents.
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Dabasso & 7 others v Wambua & 12 others (Environment & Land Case E033 of 2023) [2023] KEELC 19077 (KLR) (27 July 2023) (Ruling)
✦ The court finds that Plaintiffs are undeserving of orders of temporary injunction and that the 6th, 7th, and 8th Defendants have not demonstrated a prima facie case.
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V Chokaa & Co Advocates v County Government of Mombasa (Environment and Land Miscellaneous Application E011 of 2022) [2023] KEELC 19138 (KLR) (27 July 2023) (Ruling)
✦ The application is granted and costs are awarded to the Applicant.
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Baishe v Bwana (Environment & Land Case 229 of 2021) [2023] KEELC 19129 (KLR) (27 July 2023) (Judgment)
✦ The defendant's registration of the land in their names is found to be irregular, fraudulent, and unprocedural. The plaintiff's certificate of lease is cancelled, and the land is registered in the defendant's name.
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Gerad v Njenga (Environment and Land Appeal E002 of 2022) [2023] KEELC 19218 (KLR) (27 July 2023) (Ruling)
✦ The application is dismissed as the Applicant has not shown that she would suffer substantial loss and irreparable harm if the stay is not granted.
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Curzon v Muthama & 2 others (Environment & Land Case 993 of 2016) [2023] KEELC 19132 (KLR) (27 July 2023) (Ruling)
✦ The orders entered against the 3rd defendant should not be varied and/or set aside
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Wild Elegance Fashions Limited v Chief Land Registrar & 4 others (Environment & Land Case 876 of 2014) [2023] KEELC 19291 (KLR) (27 July 2023) (Ruling)
✦ The court dismissed the application as the terms of the consent order cannot be varied by the court.
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Sekento v Waweru (Environment & Land Case E106 of 2022) [2023] KEELC 19215 (KLR) (27 July 2023) (Ruling)
✦ The court dismisses the preliminary objection and the suit.
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Mwakavi v Ngovi (Environment & Land Case E001 of 2022) [2023] KEELC 19181 (KLR) (27 July 2023) (Ruling)
✦ A temporary injunction will issue to maintain the status quo pending the arbitral proceedings.
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Matibuko v Avugwi (Environment & Land Case 38 of 2020) [2023] KEELC 19081 (KLR) (27 July 2023) (Ruling)
✦ The Court ruled that the Defendant should not be ordered to pay the Plaintiff's costs, as the matter is not a public interest litigation and the Plaintiff did not bring the case for private gain.
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Olal & 4 others v Nairobi City Water and Sewerage Company & 4 others (Environment and Land Constitutional Petition E023 of 2020) [2023] KEELC 19342 (KLR) (27 July 2023) (Judgment)
✦ The petition is dismissed as premature and devoid of merits.
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Ndegwa & 6 others v Registered Trustees of the Nyahururu Jamia Mosque (Environment and Land Appeal E015 of 2022) [2023] KEELC 22626 (KLR) (27 July 2023) (Ruling)
✦ The court shall determine the issue of costs of the withdrawn appeal.
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Ngari v Muhidin (Enviromental and Land Originating Summons 95 of 2018) [2023] KEELC 19006 (KLR) (27 July 2023) (Judgment)
✦ Ngari is not entitled to be declared as the proprietor of the land by adverse possession.
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Ruchu Gacharage Farmers Co-operative Society v Mugo (Environment & Land Case 22 of 2020) [2023] KEELC 19063 (KLR) (27 July 2023) (Ruling)
✦ The court finds that the Notice of Motion Application dated June 17, 2022, is merited and allowed entirely with costs to the Defendant/Respondent.
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Mwamela & 6 others v Ali & 4 others (Originating Summons 172 of 2021) [2023] KEELC 19219 (KLR) (27 July 2023) (Ruling)
✦ The Plaintiffs lack locus standi to bring the suit, as they are not adverse possessors but tenants in suerance.
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Kinuthia v David Jomo Muigai (a.k.a Dancan Tour Kiama (Jomoo) (Environment & Land Case 415 of 2019) [2023] KEELC 19169 (KLR) (27 July 2023) (Judgment)
✦ The Court finds that Rumba Kinuthia is the legal and equitable owner of the suit properties and grants the permanent injunction sought.
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Republic v Disciplinary Tribunal & 2 others; Gitonga (Exparte Applicant) (Environment and Land Judicial Review Case E012 of 2023) [2023] KEELC 19285 (KLR) (27 July 2023) (Ruling)
✦ Leave is granted to apply for Judicial Review Orders to quash the decision of the Disciplinary Tribunal.
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Oriango v County Government of Nyamira & 4 others (Environment & Land Case 95 of 2021) [2023] KEELC 18980 (KLR) (27 July 2023) (Ruling)
✦ The court granted a stay of execution and ordered the transfer of 9 hectares of land to the plaintiff, with the title deed to be deposited in court until the appeal is resolved.
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Choge v Kipchirchir & 4 others (Environment & Land Case 38 'A' of 2021) [2023] KEELC 19203 (KLR) (27 July 2023) (Ruling)
✦ The Applicant's application is dismissed with costs to the Respondent. The Applicant's bond is hereby cancelled. He should voluntarily come to court for punishment or be brought to court under warrant of arrest.
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Mount Kenya Investment Limited v Ng’ethe & 2 others (Environment & Land Case 697 of 2017) [2023] KEELC 19283 (KLR) (27 July 2023) (Judgment)
✦ The court finds that the plaintiff did not acquire any rights and interests in the land, as the allotment process was not followed legally and there is no evidence of the plaintiff's possession or identification of the land.
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Telkom Kenya Limited v Namunyak Conservancy Ltd & another (Environment & Land Case E008 of 2021) [2023] KEELC 19010 (KLR) (27 July 2023) (Judgment)
✦ A declaration is made that Telkom Kenya Limited has an overriding interest over the portion of the disputed land located at coordinates 0.84955, 37.56236 in Samburu County.
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Kamau v Deliverance Church Registered Trustees & another (Environment & Land Case 12 of 2011) [2023] KEELC 19212 (KLR) (27 July 2023) (Ruling)
✦ The application for extension of time is allowed.
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Cheptoo & 3 others v Rono & 4 others (Environment & Land Case 236 of 2016) [2023] KEELC 19090 (KLR) (27 July 2023) (Ruling)
✦ The notice of withdrawal was not properly filed and signed by all parties, and therefore cannot be set aside.