Kenyan case law

Peter Mburu Kimani & 9 others v Titus Kigoro Munyi [2019] KEELC 562 (KLR)

✦ The court directs the Defendant to deposit Kshs.500,000 as security for costs and to file his appeal within 45 days.

Edward Humphrey Kiriro Kanja v Samuel Njoroge Kiriro [2019] KEELC 1102 (KLR)

✦ The appeal is allowed, and the judgment of the lower court is set aside. The appellant's suit is allowed with costs, and the respondent is ordered to transfer 1/4 acre of land in LR No. Muguga/Kahuhon/726 to the appellant.

Margaret Njeri Gathu v Anthony Githaiga Kabaru [2019] KEELC 1339 (KLR)

✦ The application is allowed in terms of prayers 2, 3 & 4, and an eviction order is issued against the Defendant.

Rapha Hospital & Clinic Eldoret Company v Abdul Aziz Kana & another [2019] KEELC 1020 (KLR)

✦ The court orders that the plaintiff continues paying rent as agreed until the case is heard and determined. The court further orders that the plaintiff does not engage in any further development of the property including construction failure of which the injunction shall lapse.

Arcadius Njora Chege v Geoffrey Muchiri [2019] KEELC 1273 (KLR)

✦ The eviction order is granted and the Defendant is ordered to vacate the land within 60 days. The order is to be executed by the auctioneer under the supervision of the police.

James Maina Kimemia v James Maina Kimemia & another [2019] KEELC 1227 (KLR)

✦ The Court dismisses the 1st Respondent's application for a temporary injunction and orders a status quo to be maintained until the final disposal of the case.

Msanda Holy Ghost Church Africa v Emily Thoya & another [2019] KEELC 159 (KLR)

✦ The dismissal of the suit for want of prosecution is set aside, and the plaintiff is ordered to pay Kshs 20,000 in costs to the defendant.

Anderson Kalimbo Mwero v Mwandurya Tsuma Nyasi [2019] KEELC 1191 (KLR)

✦ The suit is reinstated due to the lack of evidence of service of the notice of attendance.

Cyprian Ngari Machaki Samburu v Ngari Mwereca & another [2019] KEELC 593 (KLR)

✦ The court finds no merit in the grounds of appeal raised by the Appellant and dismisses the appeal with costs to the 1st and 2nd Respondents.

Julius Kiruma Kariuki v Kamau Mwangi & 3 others [2019] KEELC 1298 (KLR)

✦ The Court found that the suit is not statute barred, the Plaintiff has not proved fraud, there is no privity of contract, and the 3rd Defendant has not established title by adverse possession.

Peter Mwebi & 12 others v James Safari Kombe & Brothers [2019] KEELC 1057 (KLR)

✦ The Plaintiffs are entitled to a declaration of ownership and an eviction order, and the Defendants are restrained from encroaching on the suit properties.

Rose Njoki King’au v National Land Commission & 3 others [2019] KEELC 1128 (KLR)

✦ The plaintiff's claim is barred by res judicata as the issue of ownership has been previously decided in a different suit.

Justice & Peace Center Kitale v National Land Commission & 3 others [2019] KEELC 1317 (KLR)

✦ The court finds the petitions related and consolidated, and declares the decisions in the newspaper advertisements null and void.

Samuel Mbugua Mwangi v Buffet Park Limited; Jerri International Limited (Interested Party) [2019] KEELC 1193 (KLR)

✦ The application for joinder of the plaintiff is allowed

In re Richard Muthee Njeru and Lucy Wagatwe Thiong’o (Ex-Parte Applicants) [2019] KEELC 1305 (KLR)

✦ The application is dismissed for lack of merit due to the applicants' unknown locus and the lack of evidence demonstrating they are joint administrators.

Abei Kosiyae Ingolol & another v Jessica Iria Ebei & 4 others [2019] KEELC 1240 (KLR)

✦ The court finds in favor of the plaintiffs and issues a permanent injunction restraining the defendants from interring Lucy Ikaru's remains on the plaintiffs' land.

Republic v National Land Commission & 2 others Exparte Biren Amrital Shah [2019] KEELC 1077 (KLR)

✦ The court grants an order of certiorari to quash the Respondent's decision and orders of prohibition and mandamus.

Peter Mwebi v Lilian Anyango Okello & another [2019] KEELC 1001 (KLR)

✦ The court finds that the plaintiff is the legal owner of the suit properties and orders the defendants to vacate and demolish the illegal structures within 30 days.

Jason Kinyua Raibu v Esther Karambu Meme [2019] KEELC 1384 (KLR)

✦ The application is not certified urgent but will be heard on priority basis. Prayer 2, 4, and 5 are granted strictly pending hearing and determination of this application.

Elijah Machironda Chengo v Athuman Hassan Mwanguvu & 7 others [2019] KEELC 898 (KLR)

Nyaga Muchiri & another v Thomas Njiru Kanyunga & 5 others [2019] KEELC 1271 (KLR)

✦ The application is granted, and the petitioners are directed to properly serve the application upon the respondents.

Republic v National Land Commission Ex-Parte: Lesmat Limited [2019] KEELC 1233 (KLR)

✦ The court found that the respondent did not violate the rules of natural justice and had jurisdiction to hear the complaint.

Bundi Kiragu v Benjamin Collins Mati & another [2019] KEELC 1410 (KLR)

✦ The Court finds that the applicant has not identified the land in possession and has not established a claim to adverse possession.

Boru Dika v Gusan Insaat Sanay, Turzim, Nakikyat Ve Ticaret Anonim Sipiketi & another [2019] KEELC 1231 (KLR)

✦ The plaintiff's application is dismissed with costs, and the court advises the plaintiff to institute a fresh suit against the defendants.

Abdihamid Sheikh Abdulla t/a Jambo Matt Supermarket & 2 others v Tecno Holdings Limited & 2 others [2019] KEELC 1336 (KLR)

✦ The application is dismissed, and the deposited funds are ordered to be released to the respondent, the National Social Security Fund Board of Trustees.