Kenyan case law
-
Kalani v Muthusi (Environment & Land Case 149 of 2017) [2023] KEELC 19239 (KLR) (26 July 2023) (Ruling)
✦ The court found the Defendant in contempt of court orders and ordered him to be committed to civil jail for being in contempt of court orders issued on October 4, 2019, and January 20, 2021.
-
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.
-
Mutuaruchiu & another v Kiriamburi (Environment and Land Appeal 114 of 2021) [2023] KEELC 19216 (KLR) (26 July 2023) (Judgment)
✦ The appeal is dismissed with no order as to costs.
-
Anasi (Suing as the legal administrator of the Estate of Abigael Kemunto Opande) v Opande & 5 others (Environment & Land Case 165 of 2016) [2023] KEELC 19147 (KLR) (26 July 2023) (Ruling)
✦ The application for stay of execution of the judgment pending appeal is allowed, and the court orders a stay of execution of the judgment and prohibits the registration of any disposition in the specified land parcels.
-
Gichimo t/a Jerusalem Gate Enterprises v Kooner (Sued in their capacity as Trustees of Baptist Bible Mission of East Africa Registered Trustees); Peakscale Limited (Third party) (Environment & Land Case 310 of 2016) [2023] KEELC 19260 (KLR) (26 July 2023) (Ruling)
✦ The court orders a stay of execution pending appeal on condition that the appellants deposit the decretal amount in court within the next 30 days.
-
Maisiba v Municipal Council of Ogembo & 2 others (Civil Suit E009 of 2023) [2023] KEELC 19146 (KLR) (26 July 2023) (Ruling)
✦ The court issued an order of injunction, stopping the defendants from entering the suit land to demolish the structure therein, or demolishing any structures on the suit land, pending hearing and determination of this suit.
-
Republic v Cabinet Secretary Ministry of Lands and Physical Planning & 3 others; Mugambi (Interested Party); Nkari (Exparte Applicant) (Judicial Review E002 of 2022) [2023] KEELC 18954 (KLR) (26 July 2023) (Judgment)
✦ The court found that the judicial review remedies of certiorari and prohibition are not available to the applicant, as the applicant's application dwelt on the merits of the decision rendered by the minister.
-
Ibui & another v Ibui & 2 others (Environment & Land Case 105 of 2016) [2023] KEELC 19200 (KLR) (26 July 2023) (Ruling)
✦ The court held that the objection was premature and an abuse of process, and denied the objection.
-
Kessei v Kipkabus & 6 others; Muge (Applicant) (Environment & Land Case 888 of 2012) [2023] KEELC 19121 (KLR) (26 July 2023) (Ruling)
✦ The order marking the suit as abated is set aside, and the suit is revived. The deceased plainti is substituted with the Applicant.
-
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.
-
Chebril (Suing as the administrator of the Estate of Asha Jabril Mohammed - Deceased) v Mburugu & 6 others (Environment & Land Case 001 of 2021) [2023] KEELC 19294 (KLR) (26 July 2023) (Ruling)
✦ The court denied the applications to introduce new evidence and expert reports, and dismissed the cases.
-
Meringa v Mugaa (Sued as the Legal Representative of Mugaa Mugambi - Deceased) (Environment & Land Case 36 of 2019) [2023] KEELC 19096 (KLR) (26 July 2023) (Judgment)
✦ Plaintiff is entitled to the land and the defendant must execute transfer forms in his favor within two months.
-
Muna v Muchiri (Environment & Land Case E010 of 2022) [2023] KEELC 19137 (KLR) (26 July 2023) (Ruling)
✦ The court maintains the status quo pending the hearing and determination of the suit.
-
Njau v Jerotich (Environment & Land Case E005 of 2022) [2023] KEELC 19135 (KLR) (26 July 2023) (Ruling)
✦ The court allows the amendment as long as it is within the limits set out in the authorities and not to circumvent the Notice of Preliminary Objection.
-
Republic v Chairman National Land Commission & another; Chogo & another (Exparte Applicants); African University Trust of Kenya (Proposed Interested Party) (Miscellaneous Application E052 of 2022) [2023] KEELC 18969 (KLR) (26 July 2023) (Ruling)
✦ The application is granted, and the proposed interested party is joined as an interested party. The ex-parte Applicants are ordered to serve the proposed interested party with all pleadings, affidavits, and court documents.
-
Republic v Deputy County Commissioner Igembe Subcounty & another; M'Mwireria (Interested Party); Kithure (Exparte Applicant) (Environment and Land Case Judicial Review Application E16 of 2022) [2023] KEELC 19226 (KLR) (26 July 2023) (Judgment)
✦ The decision made on 9.6.2022 was based on an incompetent and unmerited appeal and is hereby quashed with costs to the applicant.
-
Koirak & 7 others v Loonkushu & 14 others; Naroosura Group Ranch (Interested Party) (Environment & Land Case E005 of 2023) [2023] KEELC 19051 (KLR) (26 July 2023) (Ruling)
✦ The court does not have jurisdiction to hear the suit and the preliminary objection is upheld.
-
Kaloki & 4 others v Makenzie & 2 others (Environment & Land Case 56 of 2017) [2023] KEELC 19064 (KLR) (26 July 2023) (Ruling)
✦ The suit should not be reinstated for hearing as the Plaintiffs failed to seek a hearing date despite the Court's orders.
-
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.
-
Ndambuki v Wambua & 2 others (All Sued as Administrators of the Estate of the Late Beth Nduku Wambua) (Environment & Land Case 120 of 2015) [2023] KEELC 19079 (KLR) (26 July 2023) (Judgment)
✦ The court finds in favor of the plaintiff and declares that the estate of the late Beth Nduku Wambua holds the land in trust for the plaintiff and that the plaintiff is the bona fide and/or beneficial owner of the land.
-
Cheptoo & 8 others v Fund & 2 others (Environment & Land Case E223 of 2020) [2023] KEELC 19150 (KLR) (26 July 2023) (Judgment)
✦ The court found that there was no sale of the land to the 3rd Defendant and that the 3rd Defendant did not hold the property in trust for the Plaintiffs.
-
Laichena v M’laichena & 5 others (Environment and Land Appeal E044 of 2021) [2023] KEELC 19057 (KLR) (26 July 2023) (Ruling)
✦ The application is dismissed with costs
-
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.
-
M’thiringi (Suing as the Legal Representative of the Estate of M’thiringi M’anampiu – Deceased ) v District Land Adjudication and Settlement Officer, Karama Adjudication Section & another; Munya & 3 others (Interested Parties) (Environment and Land Judicial Review Miscellaneous Application E007 of 2023) [2023] KEELC 19087 (KLR) (26 July 2023) (Ruling)
✦ The application is not frivolous and the decision is not stayed.
-
Mbogo v Mwaighacho (Environment and Land Appeal 11 of 2016) [2023] KEELC 18993 (KLR) (26 July 2023) (Ruling)
✦ The court ordered the setting aside of the orders of the Subordinate Court and reinstated the appeal on its merits.