Kenyan case law

Republic v Kuria West District (Kehancha Division) Land Disputes Tribunal & 2 others Ex-parte Jacob Gitigori [2016] KEELC 760 (KLR)

✦ The Land Disputes Tribunal lacked jurisdiction to order compensation for developments on the suit land, and its award was therefore a nullity.

Daniel Munga Mbori v Julius Omiti Okach & another [2016] KEELC 757 (KLR)

✦ Plaintiff's application for a temporary injunction is granted.

Kilusu Julius Sile & 60 others v Chairperson, Oloirien Adjudication Section “B” Committee & 3 others [2016] KEELC 756 (KLR)

✦ The court held that the petitioners cannot demonstrate that their rights have been violated without having sought an opportunity to be heard in an objection as provided under the Land Adjudication Act. The petition was prematurely filed.

Peter Ouma Oduogo v Otieno Jaoko Jagero & 11 others [2016] KEELC 761 (KLR)

✦ Title number Suna East/Wasweta I/747 is owned by Daniel Ogalo Oduogo and Peter Ouma Oduogo. Fraudulent titles for parcels Nos. Suna East/Wasweta I/1165, 1166, 1167, 13156, 13303, 13304, and 13305 are null and void. The plaintiffs and interested parties are awarded general damages of Kshs. 500,000/= as against the 1st defendant with interest at court rates from the date of this judgment.

Julius Omondi Odeny v Clerk County & 3 others [2016] KEELC 786 (KLR)

✦ The court upholds the preliminary objection raised by the Defendants' counsel on the plaintiff's lack of capacity, and the plaint and notice of motion dated and filed on 12th October 2012 are hereby struck out with costs.

Nyeri Chemists Limited v Jane Wanjiku Muriithi & 2 others [2016] KEELC 780 (KLR)

✦ The court granted the application for certification of the application as urgent and deserving to be heard ex parte, and granted a temporary injunction to restrain the respondents from interfering with the applicant's occupation/possession of the suit property.

Sammy Njoroge Mwangi v Land Registrar, Murang’a Lands Office & 2 others [2016] KEELC 790 (KLR)

✦ The application is dismissed with costs to the respondents.

Friends of Lake Turkana Trust v Attorney General & 2 others [2016] KEELC 126 (KLR)

J W R v G G G [2016] KEELC 142 (KLR)

✦ The Plaintiff's application is allowed in terms of prayer No.1, and the Defendant is directed to ensure that his second wife vacates the house within 45 days, after which the Plaintiff can return to the home.

Eddah Wanjiru Mbiyu v Simon Kimani Ndungu [2016] KEELC 190 (KLR)

✦ The Court orders the Defendant to stop interfering with the Plaintiff's quiet possession of the suit parcel and the Plaintiff to not dispose of it. The Lands Registrar is ordered to adjudicate the boundary dispute.

Kennedy Kimani Ndarwa v Methi & Swani Farmers Cooperative Society Limited & another [2016] KEELC 781 (KLR)

✦ The notice of preliminary objection is dismissed with costs to the plaintiff respondent.

Kennedy Kimani Ndarwa v Methi & Swani Farmers Cooperative Society Limited & another [2016] KEELC 789 (KLR)

✦ The notice of preliminary objection is dismissed with costs to the plaintiff.

Clare Jemeli v Samwel Ombati [2016] KEELC 804 (KLR)

✦ The application is dismissed with costs.

Philip Chepkwony v Benjamin Tarus& 4 others [2016] KEELC 814 (KLR)

✦ The court dismissed the preliminary objection filed by the defendants.

Elizabeth Wanjiru Wanderi v Joseph Mwangi Wanderi & another [2016] KEELC 784 (KLR)

✦ The court finds in favor of the plaintiff, ordering the defendants to hand over the suit property and prohibiting them from interfering with the boundaries.

Julius Njenga Kiman & another v Stephen Yego Meli & another [2016] KEELC 812 (KLR)

✦ The contract is rescinded, and the plaintiffs are declared the lawful registered owners of the land. The defendants are ordered to vacate the land.

David Sugut & another v Mercela Cheptoo Chuma [2016] KEELC 747 (KLR)

✦ The further list of exhibits, including the video recording and document examiner's report, is expunged from the record

John Chemwolo Chemitei v Mary Cheruiyot [2016] KEELC 810 (KLR)

✦ The plaintiff is in contempt of court and is ordered to be imprisoned for one month or pay a fine of Kshs.60,000 and give the defendant 30 bags of maize.

Ebei Korodi Cloprita v Margaret Naliaka & 2 others [2016] KEELC 745 (KLR)

✦ The court finds that the plaintiff was not served with a hearing notice and sets aside the ex-parte judgment with all consequential orders.

Ondis v Muhoroni Constituency Development Fund (Cause 202 of 2014) [2016] KEELC 686 (KLR) (6 June 2016) (Ruling)

Isaac Maina Kahwai & 2 others v Ruth Kabura Kahwai & 2 others [2016] KEELC 799 (KLR)

✦ The court dismissed the suit and the application, finding that the plaintiffs/applicants do not have the legal capacity to file the suit on behalf of the deceased's estate and lack locus standi.

Muruti Kimani & another v Douglas Mwangi Kimani & 3 others [2016] KEELC 540 (KLR)

✦ The interested parties’ application is dismissed with costs to the plaintiffs.

Abdikarin Mohamed Ali & another v Ali Digale Gure & 9 others [2016] KEELC 798 (KLR)

✦ The respondents are restrained from trespassing into, alienating, transferring or in any other way dealing with FIKIR FARM No. 29 or any part thereof pending the hearing and determination of the suit.

Joseph Kipkemoi Kigen v Moses Obiero Oyoko [2016] KEELC 811 (KLR)

✦ The court granted the plaintiff's application for an injunction.

Jesse Muthiga Albert v David Mwaniki Chege & Charles Maina Chege (Environment and Land Appeal 19 of 2014) [2016] KEELC 800 (KLR) (3 June 2016) (Ruling)

✦ The application is dismissed with costs to the 1st respondent