Kenyan case law

Ng’ang’a Wainaina v Hamisi Bwana & 3 others [2020] KEELC 1509 (KLR)

✦ The application is dismissed but with no orders as to costs

Samuel Murigi Waigwa v Francis Babu Mwangi [2020] KEELC 1464 (KLR)

✦ The Court finds that the Appellant/Applicant has an arguable appeal and allows the application with a condition that the Applicant/Appellant deposit Kshs.500,000/= as security of costs within 60 days from the date hereof.

Victoria Wanjiru Murigi (suing as the Administrator to the Estate of Jane Njoki Murigi (Deceased) v Evans Muringu Muhia [2020] KEELC 1513 (KLR)

✦ The Court finds and holds that it does not have jurisdiction to hear and determine the matter herein and dismisses the Plaintiff's claim entirely.

Siganga & Company Advocates v Great Lakes University Kisumu; Equity Bank (Kenya) Limited & another (Garnishee) (Miscellaneous Civil Application 25 of 2018 & Miscellaneous Application 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 39 & 41 of 2018 (Consolidated)) [2020] KEELC 1566 (KLR) (30 July 2020) (Ruling)

John Ndirangu Kamau v Alphonce Kamau Kimani [2020] KEELC 1461 (KLR)

✦ The defendant's application for a stay of the sale of the suit properties is dismissed. The defendant's application for substitution of deceased parties is not necessary to be ruled on.

Musa Cheruiyot Chepkurui v Julia Kaptuya Chirchir [2020] KEELC 1042 (KLR)

✦ The court finds that the plaintiff has not proved his claim against the defendant and is therefore dismissed with costs.

Lucy Wacuka Mwangi & 3 others v Daniel Masika Sadaka [2020] KEELC 1470 (KLR)

✦ The court grants the application for amendment of pleadings.

Kanan Dairy Limited v Beatrice Nzakwa Makau & another [2020] KEELC 1549 (KLR)

✦ The Plaintiff has established a prima facie case with chances of success and the injunctive orders are granted.

Endmor Steel Millers Limited v County Government of Machakos [2020] KEELC 1518 (KLR)

✦ The court grants leave to commence judicial review proceedings and finds that the Applicant's prayer for leave is merited.

Andrew Nzeki (Being sued as Chairman of All in Christ Church Tala Region & 6 others v Paul Muema Mwangangi (Suing as Trustee and Chairman on behalf of Gospel Community Church & Ministries [2020] KEELC 1474 (KLR)

✦ The Application for stay of execution is not merited. The Application dated 13th November, 2019 is dismissed with costs.

Safari Mweri Mangi & 2 others, Peter Mweri Mangi & Cornel L Shisanya v Estate of Hamisi Mwinyikai Ramadhan alias Khamisi Mwinyikai (Deceased) & 7 others (Environment & Land Case 68 of 2020) [2020] KEELC 1486 (KLR) (30 July 2020) (Ruling)

✦ Application for injunction dismissed with costs

Alfred Ireri Nderi v Stephen Njeru Joel [2020] KEELC 1565 (KLR)

✦ The court finds merit in the Respondent’s notice of motion and partially allows it, issuing a temporary injunction restraining the Appellant from destroying or cutting down the trees and tea bushes or wasting the suit property pending the hearing and determination of the appeal.

Margaret Kamene Mulwa & another v Paradise Bay Limited & 3 others [2020] KEELC 1548 (KLR)

✦ The Plaintiffs are the rightful, lawful, and bona fide owners of the property KWALE/DIANI/99.

Onesmas Nthanga Nguma & 77 others v Katelembo Athiani Muputi Farming & Ranching Co-operative Society & 5 others; National Land Commission (Interested Party) [2020] KEELC 1496 (KLR)

✦ The Application is dismissed with costs as the Respondents had no proper notice of the court orders and the evidence does not support the claim of contempt.

Kombo Hassan Kombo (Suing as the administrator of the Estate of Mwishahali Kombo Mwinyihaji) v Omar Said Abdalla & another [2020] KEELC 1546 (KLR)

✦ The court granted the application for a stay of execution of the previous ruling pending appeal.

Peter Macharia Kariuki v James Kibara & another [2020] KEELC 1514 (KLR)

✦ The application is granted in part, vacating the directions made on 24th October 2019 and allowing the reopening of the 2nd defendant's case for cross-examination and re-examination of witnesses.

Mbaro Johnson & 9 others (Suing on their behalf and on the behalf of the squatters/residents of Junda Kasarani Ndogo residing upon property/title no.771/II/MN number 430 appearing in the schedule of members of Bahati Junda Self Help Group attached to the originating summons herein v Taveta Teachers Investment Ltd [2020] KEELC 1569 (KLR)

✦ The ex-parte judgment is set aside, and the defendant is granted leave to defend the suit.

Mary Awino Kweyu v Lawrence Mmata Chore & another [2020] KEELC 1603 (KLR)

✦ The application is dismissed with costs as the facts are not plain and obvious and there are other remedies sought in the plaint.

Elphas Otiende Anduru v Akwera Hezron Ndegu & another [2020] KEELC 1528 (KLR)

✦ The court dismisses the application as the plaintiff has failed to show any mistake or error apparent on the face of record and/or any sufficient reason to enable the court set aside its decision.

Elizabeth Mary Kendall v Thomas Mwinza Mangi [2020] KEELC 1506 (KLR)

✦ The application is dismissed as the defendant could not be traced for the hearing and the affidavit sworn by counsel is not good enough.

Ernest Ikoha & 19 others v County Government of Kakamega [2020] KEELC 1593 (KLR)

✦ Petition dismissed with costs

Robert Obwacha Oboko v Bernard Kiplagat Oboko & another [2020] KEELC 1556 (KLR)

✦ The defendants' defense and counterclaim are not statute barred and raise triable issues.

Celina Muthoni Kithinji & 5 others v Safiya Binti Swale & 8 others [2020] KEELC 1560 (KLR)

✦ The ex-parte judgment is set aside, and the Land Registrar is directed to cancel the provisional title issued to the applicants.

Lucy Wambui Muthee v Embakasi Ranching Company Ltd & 2 others [2020] KEELC 1415 (KLR)

✦ The court awarded the plaintiff Kshs 100,000 for trespass, Kshs 500,000 in nominal damages, and costs of the suit. The court also issued an injunction and a mandatory injunction.

Kaimosi Friends University College v East Africa Yearly Meeting F Friends Ephraim Konzolo; Kaimosi Teachers Training College (Defendant/Interested Party) [2020] KEELC 1439 (KLR)

✦ The application is dismissed as the plaintiff has failed to establish a prima facie case.