Kenyan case law
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Kiambu Coffee Growers Co-operative Union Limited v Attorney General & 3 others; Constituency Development Fund, Gatundu North (Interested Party) (Environment & Land Petition 10 of 2021) [2023] KEELC 19273 (KLR) (25 July 2023) (Judgment)
✦ The court finds that the respondents did not trespass and thus the petitioner is not entitled to mesne profits
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Lila v Gohil (Environment & Land Case 203 of 2018) [2023] KEELC 19008 (KLR) (25 July 2023) (Judgment)
✦ The court finds that the plaintiff holds the property in trust for her brothers-in-law and dismisses the plaintiff's suit.
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Mahmoud & another v China City Construction Company Limited & another; Suleiman (Interested Party) (Environment & Land Case 50 of 2019) [2023] KEELC 18895 (KLR) (25 July 2023) (Judgment)
✦ The court finds in favor of the plaintiffs and orders the defendants to vacate the properties, remove all structures, and restore the land to its original condition.
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African Line Transport Co Limited v Omar & 2 others (Environment & Land Case 265 of 2015) [2023] KEELC 19130 (KLR) (25 July 2023) (Ruling)
✦ The suit is res judicata and is struck out with costs to the Defendants
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Chege Kibathi & Co. Advocates v Embakasi Ranching Company Limited (Miscellaneous Application E147 of 2022) [2023] KEELC 18966 (KLR) (25 July 2023) (Ruling)
✦ The court enters judgment for the Applicant for the sum of Kshs 465,690.30/=, with interest at 14% per annum from March 16, 2023, until payment in full.
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Shagwambo (Suing on his behalf and on behalf of 31 others) v Mwatate Constituency Development Fund Board (Environment & Land Petition 6 of 2017) [2023] KEELC 19117 (KLR) (25 July 2023) (Judgment)
✦ Petition is merited, and the Respondent is ordered to compensate the Petitioners for encroachment and expropriation of their land.
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Mwavue & 3 others v Pongah (Environment and Land Appeal E009 of 2023) [2023] KEELC 19123 (KLR) (25 July 2023) (Ruling)
✦ The application is dismissed with costs as the appeal is not arguable and would not render the success of the appeal nugatory
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Luka v Chairman, Land Adjudication Committee, Leshuta Adjudication Section & 3 others; Olopirikany & 7 others (Interested Parties) (Environment & Land Petition 8 of 2018) [2023] KEELC 18900 (KLR) (25 July 2023) (Judgment)
✦ The petition is dismissed as it lacks merit.
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Said & 5 others v Taib Investment Limited (Environment and Land Miscellaneous Application 65 of 2022) [2023] KEELC 19160 (KLR) (25 July 2023) (Ruling)
✦ The Taxing Master's decision on bill of costs and assessment of VAT and party and party items were set aside, and the bill of costs dated February 28, 2022, shall be remitted to another Taxing Master for re-taxation.
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Varma & another (Suing as the administrators of the will of Santosh Kumari Varma) v Chief Land Registrar & another; Athi Stores Limited (Proposed Interested Party) (Environment & Land Petition E024 of 2021) [2023] KEELC 19242 (KLR) (24 July 2023) (Ruling)
✦ The application is not incompetent, and the court orders that the name of the Applicant be added as a necessary party to the proceedings.
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London Distillers (K) Limited v National Environment Management Authority & 2 others (Environment and Land Appeal E010 & E011 of 2022 (Consolidated)) [2023] KEELC 19076 (KLR) (24 July 2023) (Judgment)
✦ The court held that an ambient air quality study was not required in the mixed-use zone as the 2nd respondent's project was for residential use and exempted from the study under Regulation 4 of the Air Quality Regulations.
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Muoka v Omenke & another (Environment & Land Case E005 of 2023) [2023] KEELC 19161 (KLR) (24 July 2023) (Ruling)
✦ The application for a temporary injunction and mandatory order is granted against the 1st and 2nd Defendants.
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London Distillers (K) Limited v National Environment Management Authority & another (Environment and Land Appeal E007 of 2020) [2023] KEELC 19075 (KLR) (24 July 2023) (Judgment)
✦ The court found that the issuance of the EIA licence to the 2nd Respondent was not in compliance with the law due to the lack of a project report and inadequate public participation.
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Ali & another v Gure & 9 others (Environment & Land Case 32 of 2020) [2023] KEELC 19202 (KLR) (24 July 2023) (Ruling)
✦ The court dismissed the appeal, finding that the plaintiffs' claim was not sustainable due to the death of the first plaintiff and that the plaintiffs failed to prove trespass.
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Kimondiu & 3 others v Makenzi & another (Environment & Land Case E084 of 2022) [2023] KEELC 19066 (KLR) (24 July 2023) (Ruling)
✦ The Court denied the Plaintiffs' application for an interlocutory injunction.
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Kemei v Keino & another (Sued as Administrators of the Estate of the Late John Kiptoo Keino) (Environment & Land Case E004 of 2022) [2023] KEELC 18957 (KLR) (24 July 2023) (Ruling)
✦ The court dismissed the application and ordered the mediation settlement agreement to remain in effect.
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Kitur v Misoi & 3 others (Environment and Land Appeal 1 of 2022) [2023] KEELC 19025 (KLR) (24 July 2023) (Judgment)
✦ The Court finds that the Lands Tribunal did not have jurisdiction to deal with the registered land and dismisses the Appellant's suit.
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Eric (Suing as the legal representative of the Estate of the Deceased, Omwange Ogato) v Opiyo & another (Environment & Land Case 2 of 2021) [2023] KEELC 19143 (KLR) (24 July 2023) (Judgment)
✦ The court finds that the plaintiff has proved his claim on a balance of probabilities and enters judgment in his favor.
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Meru Greens Horticulture EPZ Limited v Equity Bank (Kenya) Limited (Environment & Land Case E009 of 2023) [2023] KEELC 19241 (KLR) (24 July 2023) (Ruling)
✦ The court held that the Environment and Land Court has jurisdiction over the suit as it pertains to the use and occupation of land.
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Ogwang & 3 others v Odak (Sued in his Capacity as the Legal Representative and an Administrator of the Estate of Zilpah Odak - Deceased) (Environment & Land Case 28 of 2021) [2023] KEELC 18964 (KLR) (24 July 2023) (Ruling)
✦ Application to adjourn hearing is denied
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Solomon v Ogalo & 3 others (Environment & Land Case 041 of 2016) [2023] KEELC 19018 (KLR) (24 July 2023) (Ruling)
✦ The Plaintiff has not demonstrated reasons for the grant of the orders for stay of execution pending appeal.
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Ndungu v Kanja & another (Environment & Land Case 14 & 743A of 2017 (Consolidated)) [2023] KEELC 19023 (KLR) (24 July 2023) (Judgment)
✦ The court finds in favor of the plaintiff in both consolidated suits, ruling that she is the legitimate owner of the land.
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Kisyula & 2 others (Suing as legal representatives of Katani Community SHG) v Nyakundi & 11 others (Environment & Land Case 462 of 2017) [2023] KEELC 19240 (KLR) (24 July 2023) (Ruling)
✦ The Notice of Motion dated June 23, 2023 is dismissed with costs to the 4th and 6th Defendants
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Trustees of Kwa Mutu Pentecostal Evangelistic Fellowship of Africa alias Pefa Church v Muthini (Environment & Land Case 242 of 2010) [2023] KEELC 19078 (KLR) (24 July 2023) (Ruling)
✦ The court dismissed the application and marked the Defendant's case as closed, emphasizing that the Defendant had been given many chances to comply.
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Ojijo (Being the Legal Representative of the Estate of the Original Appellant, Dan Ojijo Hayanga -Deceased) v Ogoda (Suing as the Administrator of the Estate of Nicanor Ogoda Nyakwaka - Deceased) (Environment and Land Appeal E33 of 2021) [2023] KEELC 19047 (KLR) (24 July 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondent.