Kenyan case law
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Kibwezi Water Resources Users Association & 4 others v Attorney General & 5 others [2019] KEELC 1639 (KLR)
✦ The Court found that the project was not sanctioned by law and that the Respondents violated the Constitution by not issuing the required environmental impact assessment (EIA) license and water use permit.
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Daykio Plantations Limited v Peter Wambugu Mwangi [2019] KEELC 1490 (KLR)
✦ The court grants the injunction.
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Paul Nzomo Mwitiki v Minister of Lands (Through The District Commissioner Mukaa Sub-County in Appeal No.89 of 2015 & 3 others; David Mutoko Musyimi (Interested Party) [2019] KEELC 1627 (KLR)
✦ The application is dismissed with costs to the respondents and the interested party
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Kipkorir arap Menjo & 2 others v County Government of Uasin Gishu & another [2019] KEELC 825 (KLR)
✦ The court dismissed the preliminary objection as the petitioners have locus standi and the petition is not defective.
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Rodah Cheptonui Lang’at v Aggrey Watindi & 2 others [2019] KEELC 793 (KLR)
✦ The court granted a stay of execution of the judgment for 30 days and ordered the applicant to pay Kshs 150,000 to the respondent. The applicant is also precluded from carrying out any developments on the suit land and not to interfere with its character pending the hearing and determination of the intended appeal.
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Julius Oniango Etole v Moses Onyango Adigo [2019] KEELC 1709 (KLR)
✦ The application is allowed as the process server did not serve the plaintiff's counsel, and the plaintiff was not given the chance to defend the application for the stay of execution.
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Republic v District Commissioner Makueni District & 2 others [2019] KEELC 1634 (KLR)
✦ The court allows the Exparte Applicants' application to reinstate the application and file their submissions, but the Exparte Applicants must meet the costs of the application.
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Caleb Osawo Ogolla v Land Disputes Tribunal Siaya & another; George Solomon Omondi (Interested Party) [2019] KEELC 1702 (KLR)
✦ The decision of the Tribunal is null and void as it was made ultra vires the provision of Section 3 (1) of Land Dispute Tribunal Act.
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Peter Mutua Ndeto & 3 others v Anthony Kangethe Kariuki [2019] KEELC 1596 (KLR)
✦ The court finds no merit in the defendant's application for recusal and dismisses it.
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Musaya Mapesa v Boyi Sitavu & 4 others [2019] KEELC 1636 (KLR)
✦ The application is granted, and the OCS Matete Police Station is ordered to assist in the eviction of the respondents from land parcel N. Kabras/Kivaywa/306.
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Daves Zadock Magina v Ruth Liboyi & 4 others [2019] KEELC 1708 (KLR)
✦ The plaintiff is the registered proprietor of the land parcel and the defendants are ordered to vacate the land within six months.
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Josphine Nduta Mwangi v E Mungai Uno [2019] KEELC 1681 (KLR)
✦ The Court finds that the Plaintiff has been in uninterrupted exclusive and open occupation of the suit land for a period in excess of 12 years permitted by law.
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Mark L. Natili v Bilha Savaya Shihembekho [2019] KEELC 1699 (KLR)
✦ The court finds that the plaintiff is a vexatious litigant and dismisses the claim with costs.
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Anthony Milimu Lubulellah v County Government of Kakamega Land Registrar Kakamega County & another [2019] KEELC 1680 (KLR)
✦ The court held that the constitutional claim founded on the Bill of Rights does not have a time limit, and the petitioner's claim was not time barred.
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Abdalla Ali Abdulrhaman v Minister of Lands, Planning Mombasa County & 5 others; Mahmood Haiderlu Khimji & another (Interested Parties) [2019] KEELC 1619 (KLR)
✦ The court dismissed the application for injunction and stay of execution.
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Joan Sabastian Mbaya & another v Samuel Koskei Too [2019] KEELC 1531 (KLR)
✦ The court dismissed the application and granted leave to the defendant/applicant to file his defence and continue with the suit for hearing.
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Edward Kavai Nzioka & 7 others v Nzioka Mutwanyigi & another [2019] KEELC 1672 (KLR)
✦ The application is dismissed with costs to the 2nd Defendant/Respondent
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Anthony Kabucho Ngurimu v Josvir Traders & Agencies Ltd & another [2019] KEELC 1593 (KLR)
✦ The 1st defendant did not breach the agreement for sale. The plaintiff was not induced to enter into the agreement through misrepresentation and concealment of material facts.
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Joshua Nyangau Mangera v Moses Nyandusi Machogu & another [2019] KEELC 1693 (KLR)
✦ The court dismisses the suit with no order as to costs due to the plaintiff's failure to produce evidence of the 2nd defendant's registration as the current proprietor of the land.
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Kifaru Investment Limited & 6 others v Kihingo Village (Waridi Gardens) Limited & another [2019] KEELC 1277 (KLR)
✦ The court cannot grant the orders as they are sought, and the judgment debtors should not interfere with the provision of services and utilities to Kihingo Village (Waridi Gardens) Estate.
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David Mutwiwa Kioko & another v Katumo Nduuti Land Registrar, Makueni County [2019] KEELC 1686 (KLR)
✦ The Plaintiffs have a cause of action against the 1st Defendant and judgment is entered in their favor for a declaration, order to cancel the title deed, and order to issue new title deeds in the names of Plaintiffs and the 1st Defendant to hold jointly and in equal shares.
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Josphine Nduta Mwangi v Mungai Muchiri [2019] KEELC 1698 (KLR)
✦ The Court allows the Plaintiff's claim of adverse possession, finding that she has proved her case on a balance of probability.
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Republic v National Land Commission & another; Kibirgen Kimaiyo & 6 others (Interested Parties) Ex-Parte Philip Kiptoo Tunoi [2019] KEELC 903 (KLR)
✦ The application is dismissed with costs to the respondents as it is an abuse of court process.
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Paul Ndirangu Mbugua & 85 Others v Ministry of Lands & 59 Others [2019] KEELC 1705 (KLR)
✦ The documents DMFI 3, DMFI 9B, DMFI 5, and DMFI 8 are not certified public documents and the objection is upheld.
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Benson Ngungi Kironjo (suing on behalf of Mugwe Clan) v Joel Kithaka Maringa (sued on behalf of Ngui Clan) [2019] KEELC 1407 (KLR)
✦ The court granted the Defendant's application for stay of execution of the decree pending the hearing and determination of the intended appeal.