Kenyan case law
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Gichu v Obuya Otieno Ritzau t/a Bamburi Community High School & 3 others (Civil Suit 23 of 2017) [2023] KEELC 19222 (KLR) (27 July 2023) (Judgment)
✦ The court found that the suit has merit and the parties are entitled to the reliefs sought.
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Nason & 26 others v County Government of Mombasa (Environment & Land Case 63 of 2020) [2023] KEELC 19126 (KLR) (27 July 2023) (Judgment)
✦ The case is res judicata and is struck out with no orders as to costs.
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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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Lomoro v Spring Hillpark Limited (Environment & Land Case E151 of 2021) [2023] KEELC 19144 (KLR) (27 July 2023) (Judgment)
✦ The court found that the defendant is not in breach of the terms of the agreement and the plaintiff is not entitled to the reliefs sought.
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Mwaura & 64 others (Suing on their own behalf and of all other persons affected by the Compulsory acquisition for the construction of the Thogoto-Gikambura- Mutarakwa Road) v Kenya Rural Roads Authority & 3 others (Environment & Land Case 318 of 2014) [2023] KEELC 19306 (KLR) (27 July 2023) (Ruling)
✦ The application is dismissed with costs to the first defendants/ respondents only.
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Macharia & another v Macharia & 2 others (Environment and Land Appeal E006 of 2023) [2023] KEELC 19184 (KLR) (27 July 2023) (Judgment)
✦ The appeal is dismissed with costs to the Respondents
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Bruce Odeny & Co Advocates v MCtough (Environment and Land Miscellaneous Application E018 of 2022) [2023] KEELC 19209 (KLR) (27 July 2023) (Ruling)
✦ The application is granted
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Irungu & 4 others v Attorney General & 3 others (Environment & Land Case E022 of 2022) [2023] KEELC 19244 (KLR) (27 July 2023) (Ruling)
✦ The court is not satisfied that there is adequate evidence to prove that the 4th Defendant disobeyed the interim orders, and consequently, the 4th Defendant is granted the benefit of doubt.
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Buluma v Mwakio (Environment & Land Case 306 of 2015) [2023] KEELC 18989 (KLR) (27 July 2023) (Judgment)
✦ The court declares that the land is in trust for both plaintiffs and defendant, and rectifies the register to include both names.
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Cherogony v Rono & 10 others (Environment & Land Case 212 of 2013) [2023] KEELC 19046 (KLR) (26 July 2023) (Ruling)
✦ The application to strike out the suit is dismissed with costs.
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Lakhani v Waweru (Environment & Land Case 686 of 2011) [2023] KEELC 19299 (KLR) (26 July 2023) (Judgment)
✦ The Plaintiff is entitled to rescind the sale agreement due to the Defendant's failure to perform his obligations within the stipulated time. The Plaintiff is also entitled to the refund of the 10% deposit and vacant possession. The Defendant is not entitled to the prayers sought in the counterclaim.
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Muga v Agola & another (Environment & Land Case 64 of 2021) [2023] KEELC 19000 (KLR) (26 July 2023) (Ruling)
✦ The defendants' application to set aside the judgment is dismissed with costs.
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Makau v Kakua & 8 others (Environment & Land Case 104 of 2021) [2023] KEELC 19238 (KLR) (26 July 2023) (Judgment)
✦ The court found that the plaintiff is the bona fide owner of the suit property and entitled to a permanent injunction, orders of vacant possession, and damages or profits.
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Mudogo v Khasandi & another (Environment and Land Appeal 7 of 2023) [2023] KEELC 19105 (KLR) (26 July 2023) (Ruling)
✦ The court finds that the applicant has not satisfied the criteria for grant of an order for stay of execution pending appeal and cannot issue stay of execution orders against a negative order.
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Kililo v Mwachugha (Environment and Land Appeal E037 of 2022) [2023] KEELC 19003 (KLR) (26 July 2023) (Judgment)
✦ The appellant's title is questionable and respondent has proved his case on a balance of probabilities.
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Simkan Investments Limited v Toza & 3 others (Environment & Land Case 348 of 2009) [2023] KEELC 19002 (KLR) (26 July 2023) (Ruling)
✦ The court finds that the plaintiff is guilty of laches and dismisses the application.
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Ole Kariankei v Ole Nkoitiko (Environment and Land Appeal E009 of 2022) [2023] KEELC 19034 (KLR) (26 July 2023) (Judgment)
✦ The judgment of the learned magistrate in Narok CM ELC No 59 of 2018 is set aside.
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Republic v Cabinet Secretary, Ministry of Land & Physical Planning & 3 others; Mugo (Exparte Applicant); Kamumo & another (Interested Parties) (Judicial Review Miscellaneous Application E008 of 2023) [2023] KEELC 19067 (KLR) (26 July 2023) (Ruling)
✦ The application is out of time and the ex-parte applicant is not entitled to the orders sought.
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Republic v The Rent Restriction Tribunal (Nairobi); Musau (Interested Party); Kang’ethe (Exparte Applicant) (Judicial Review 12 of 2020) [2023] KEELC 19185 (KLR) (26 July 2023) (Judgment)
✦ The Rent Restriction Tribunal had no jurisdiction to entertain the dispute due to the rent exceeding the statutory standard of Ksh 2,500/=. The Exparte Applicant is entitled to the reliefs sought.
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Mbaru & 12 others v Wangui; Muhihi & 4 others (Third party) (Environment & Land Case 636 of 2015) [2023] KEELC 19298 (KLR) (26 July 2023) (Ruling)
✦ The defendant's suit against the 2nd third party should be struck out for failure to comply with section 432(2) of the Insolvency Act
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Mwagi & another v Mchonji & 4 others (Environment & Land Case 48 of 2022) [2023] KEELC 18996 (KLR) (26 July 2023) (Ruling)
✦ The court finds that the plaintiffs are the bona fide joint allottees and are entitled to possess and occupy the land. The court orders the status quo to be maintained until the case is heard and determined.
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Kemei & another v Kiobe (Environment and Land Appeal 14 of 2022) [2023] KEELC 19207 (KLR) (26 July 2023) (Judgment)
✦ The trial magistrate erred in holding that the suit was res judicata, and the appeal is allowed.
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Gidoomal & another v National Environment Management Authority (NEMA) & 3 others; Vacuum Filler Limited & 6 others (Interested Parties) (Environment and Land Petition 47 of 2021) [2023] KEELC 19223 (KLR) (26 July 2023) (Judgment)
✦ The court held that the petitioners' amended petition meets the threshold for constitutional petitions and that the petition has merit. The court also ruled on the cost of the suit.
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Kasitet & another (Suing as Administrators of the Estate of the Late Joseph Kipkorir Kasitet) v Chelang’a & 6 others; Komora Holdings Limited (Interested Party) (Environment & Land Case 450 of 2015) [2023] KEELC 19091 (KLR) (26 July 2023) (Ruling)
✦ The court allows the application and sets aside the order dismissing the suit for non-attendance, reinstating the suit for hearing. The Plaintiffs are ordered to ensure the case is prosecuted and concluded within 12 months, otherwise it will stand dismissed.
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Gituma v Gituma (Environment and Land Appeal E031 of 2023) [2023] KEELC 19056 (KLR) (26 July 2023) (Ruling)
✦ The application is dismissed with costs, as it lacks merit due to inordinate delay and lack of substantial loss evidence.