Kenyan case law

Peter Mburu v Andrew Kimani Adam & 2 others [2016] KEELC 1053 (KLR)

✦ The suit is transferred to the Wanguru Principal Magistrate's Court for hearing and final determination.

Jude Thadeus Ragot v China Overseas Engineering Group Co Ltd & another [2016] KEELC 1048 (KLR)

✦ The court dismissed the application and directed the parties to maintain the existing status quo for 30 days.

Kenya Anti-Corruption Commision & another v Francis Zaasita Kiptoo Menjo and 36 others [2016] KEELC 264 (KLR)

✦ The application to be enjoined as an interested party is dismissed.

Celina Karea Muria v Aloise Muriati Thiringi [2016] KEELC 1233 (KLR)

✦ The application is dismissed.

Ndege v Alela (Environment & Land Case 478 of 2012) [2016] KEELC 1310 (KLR) (11 March 2016) (Ruling)

✦ The suit is allowed with costs to the Defendant.

Peter Kamau Njau v Emmanuel Charo Tinga [2016] KEELC 1073 (KLR)

✦ The Court finds in favor of the Defendant, Emmanuel Charo Tinga, finding that he is the true owner of Kilifi/Jimba/1223 and 1224.

Amirali Hassanali Mohammed & another v John Odero Nyanganga [2016] KEELC 395 (KLR)

✦ Allow the motion and order the defendant to pay the plaintiff's thrown away costs of Kshs 25,000 within 45 days.

Bakari Sheban & 39 others v Said Bin Rashid Khamis Elmandri [2016] KEELC 1086 (KLR)

✦ The court granted a conditional stay of execution of the decree, allowing the plaintiffs to appeal while requiring them to file and serve the record of appeal within sixty days.

Dume Deri Mumbo & 19 others (suing on their behalf and on behalf of Wandarari Clan v Cabinet Secretary of Lands, Housing & Urban Development & 6 others [2016] KEELC 1069 (KLR)

✦ The court dismissed the Plaintiffs' appeal and held that they cannot appeal the Minister's decision in the manner they have done. The court can only interfere with the decision by way of Judicial Review or if a new cause of action is introduced after the proceedings of the Minister have closed.

Karl Knight v Mohamed Bakari & 4 others [2016] KEELC 1078 (KLR)

✦ The Court held that the Plaintiff is the legal proprietor of the suit property and ordered the rectification of the register to have the Plaintiff's name appear as the proprietor.

Samuel Wafula Chachalia v Martha Wairimo & 4 others [2016] KEELC 1027 (KLR)

✦ The court finds in favor of the plaintiff, granting a declaration of trespass, eviction order, and permanent injunction.

Komo Chege & 6 others v Joseph Wanjiku Mwangi & 16 others [2016] KEELC 270 (KLR)

✦ Injunction allowed to stop defendants from erecting garages in the residential area

David Kuria Kimani v National Bank of Kenya Ltd & another [2016] KEELC 286 (KLR)

✦ The application is dismissed as the applicant has not demonstrated any interest in the suit property

Micahel Odera Otom v Commissioner of Lands & 2 others [2016] KEELC 1219 (KLR)

✦ The court ordered the Plaintiff to provide security for costs by depositing Kshs500,000 in an interest-earning account in a financial institution agreed between his advocates and the 3rd Defendant's advocate in the joint names of the two parties advocates within thirty (30) days.

Samson Muthami Ndungu v Murage Karugu Murage & 2 others [2016] KEELC 1087 (KLR)

✦ The court finds that the plaintiff has approached the court with unclean hands and discharges the prohibitory orders issued on 2nd June, 2015. The name of the 1st defendant is struck out, and the name of the applicant is added as a defendant.

Charles Samson Nyaindi Atina v Benjamin Kechui [2016] KEELC 1030 (KLR)

✦ The court orders a government surveyor to determine the actual acreage occupied by the plaintiff and orders that if the plaintiff is occupying less than 2.5 acres, the shortfall should be given to him or alternatively the defendant should compensate him.

Estate of Sylvester Kimagut Sang represented by Jannifer Chebet Sang v Jane Jeptoo Sawe [2016] KEELC 1029 (KLR)

Judah K. M'mbijiwe M'rukaria v Cecilia Kiruja & another [2016] KEELC 1025 (KLR)

✦ An order is issued for the arrest and detention in prison for a term of six months against the 2nd Defendant Kiriinyakiruja for disobeying the court order issued on 29th January, 2013.

Chepkwony Chelule v Senior Resident Magistrate Sotik Law Courts & 2 others [2016] KEELC 1035 (KLR)

✦ The application is allowed, and the order issued in Sotik Magistrate's Court Miscellaneous Application No. 2 of 2009 is stayed pending hearing and determination of the petition.

Peter Githiu Komu v Peter Chege Ndua [2016] KEELC 750 (KLR)

✦ The court finds the appellant deserving of an injunction and a stay of execution of the judgment and decree issued in 1997 and the subsequent eviction warrant issued in 2014.

Aloice Gitonga Kiura v Komarock Building Development Company Ltd [2016] KEELC 1075 (KLR)

✦ The Plaintiff has proved his case on a balance of probabilities and the suit property belongs to the Plaintiff.

Kasigau Ranching (D.A) Co. Ltd v Finch Travel Limited [2016] KEELC 1220 (KLR)

✦ The application is dismissed with no order as to costs.

Kurani Moikai v Mulinge Kilungu & 19 Others [2016] KEELC 740 (KLR)

✦ The application is dismissed entirely with costs being in the cause.

Macharia Kamochio & 3 others v Commissioner for Co-operative Development and Marketing & another [2016] KEELC 723 (KLR)

✦ The Court allows the application and orders the Applicant to be joined as an interested party to the suit.

Albert Kanake Kariuki v Winnie Karimi Njuguna [2016] KEELC 1066 (KLR)

✦ The Court held that the Defendant is the absolute owner of the suit property and that the Plaintiff does not have a joint ownership interest.