Kenyan case law

Republic v Chief Land Registrar & 4 others; Ex parte Shishirkumar Kantilal Shah & 3 others [2021] KEELC 1442 (KLR)

✦ Orders of mandamus should issue against the 1st to 3rd Respondents.

Norah Kenduiywo v Christopher Kiplangat Terer [2021] KEELC 1468 (KLR)

✦ The court issued a temporary injunction restraining the plaintiff from building, developing, planting trees, selling, or interfering with the defendant's interest in the land LR No. Kericho/Itembe/924 pending the determination of the case.

Ruth Wambui Nganga v Ngong Butchers Co-operative Limited [2021] KEELC 1437 (KLR)

✦ The court has territorial jurisdiction and the suit is not statute barred, thus granting leave to file suit for recovery of land out of time.

Wings of Life Gospel Church International Trustees v Somo & 4 others (Environment & Land Case E132 of 2021) [2021] KEELC 1407 (KLR) (21 October 2021) (Ruling)

✦ The 1st defendant is in contempt of the orders made by the court and is ordered to vacate the suit property and hand over possession to the plainti.

Joseph Kiplagat Kogo v Joseph Kipsanga Bor & another [2021] KEELC 1358 (KLR)

✦ The court grants the temporary injunction and grants leave to amend the Defence and counterclaim.

Muchiri Karanja v Kenya Railways Corporation [2021] KEELC 366 (KLR)

✦ The proceedings are stayed and the matter is referred to arbitration.

Erastus Riungu Mutiga & another v Nairobi City County Government & 2 others; National Environmental Management Authority (Interested Party) [2021] KEELC 1237 (KLR)

✦ The court lacks original jurisdiction to hear the petition as it was not brought after exhausting the dispute resolution mechanisms under the Physical Planning Act and Environmental Management and Coordination Act.

Maryanne Chepkorir & another v Nyoike Njenga Hinga & 4 others [2021] KEELC 1478 (KLR)

✦ The application for interlocutory injunction is dismissed as the plaintiffs have not demonstrated that damages would not be an adequate remedy.

Melisa Awour Odera v Keringet Estates Limited [2021] KEELC 1454 (KLR)

✦ The court dismissed the plaintiff's suit and entered a judgment for the defendant for accrued service charges and other accrued charges on the lease. The court ordered the plaintiff to pay the costs of the main suit and the counterclaim. The court also ordered the plaintiff to pay the stamp duty of Kshs. 15,000,000 and to surrender the erroneous title she holds.

David Ngugi Kamau & 8 others v Waithira Mohoyo & 4 others [2021] KEELC 1340 (KLR)

✦ The Preliminary Objection is dismissed, and the suit is allowed.

Stephen W. Maina v Francis Otiso Onchomba & another [2021] KEELC 1455 (KLR)

✦ The court held that the matter was not a boundary dispute and that the court had jurisdiction to hear the suit. The court also dismissed the Appeal.

David Rono v Chirchir Paul Kipsang (Suing as the personal representative of the estate of Tabsabei – Deceased) [2021] KEELC 1444 (KLR)

Keibukwo Investments Ltd v Daniel Kimutai Chuma [2021] KEELC 1371 (KLR)

✦ The court dismissed the Respondent's application and upheld the orders made on 25 June, 2020.

Barnabas Asembo Okech v Nairobi City County & 2 others [2021] KEELC 1274 (KLR)

✦ The plaintiff's application is dismissed. The costs will abide the outcome of the main suit.

Azim Taibjee & another v Harish Kumar Bhagwandas Kanabar & another [2021] KEELC 1411 (KLR)

✦ The Plaintiffs/Applicants have failed to meet the established threshold to warrant the grant of the Orders sought.

Mansukhalal Jesang Maru v Frank Wafula [2021] KEELC 1487 (KLR)

✦ The Application is devoid of merit and is hereby dismissed with costs to the Respondent.

Charles Gathee Muhoro & another v Wanjiku Ndwaru & another [2021] KEELC 1424 (KLR)

✦ The application is allowed with conditions.

Miriam Kubai v Margaret Nekesa Moses & 2 others [2021] KEELC 1486 (KLR)

✦ The court dismissed the application for stay of execution as the applicants did not meet the requirements of Order 42 Rule 6(2) of the Civil Procedure Rules.

Benard Doel Makabuni v Leonard Ndemo Ombachi t/a Ombachi & Co. Advocates [2021] KEELC 4767 (KLR)

✦ The court finds the application statute-barred and the Applicant lacks capacity to institute the application. The Respondent was not wrongfully added as a party.

Republic v National Land Commission Ex parte Applicant Samuel Kimondo Theuri; County Government of Kajiado, Freecam Investment Limited & Milka Waithera Mwangi, Anne Nyambura Mwangi, Joseph Wainaina Thuo & Peter Gachigi Thuo (being Administrators of the Estate of Francis Mwangi Thuo (Deceased) ( Interested Parties) (Environment and Land Miscellaneous Application 45 of 2019) [2021] KEELC 1439 (KLR) (21 October 2021) (Judgment)

✦ The suit is not sub judice, and the Ex parte Applicant is entitled to the orders sought.

Pauline Jane Njerenga & another v Kahawa Sukari Limited & 2 others [2021] KEELC 363 (KLR)

✦ The appeal is allowed, the dismissal order is set aside, and the appellants' notice of motion is allowed.

Gakui v Wambui & 2 others (Environment and Land Case 139 of 2017) [2021] KEELC 1451 (KLR) (21 October 2021) (Judgment)

✦ No damages are due and/or awardable to the Plaintiff. The Plaintiff is however awarded costs of the suit and same shall be borne by the Defendants jointly and severally.

Republic v Minister for Lands & Settlement & 2 others Ex parte Austin Okoth Orinda (Suing as the Administrator of the estate of Raphael Midhodho); William Odongo Guya (Interested Party) [2021] KEELC 50 (KLR)

✦ An order of certiorari is issued quashing the decision of the Minister of Lands and Settlement.

John Nyang’au Monyenche v Nyamusi Nyamboga & 2 others [2021] KEELC 1474 (KLR)

✦ The court endorses the Land Registrar's Report dated 2nd January 2019 as the Judgment of the court and directs that the same be implemented.

John Muriithi Mwaniki v Richard Koskei Buney [2021] KEELC 1367 (KLR)

✦ The appeal is allowed in part, and the cross-appeal is dismissed.