Kenyan case law

Edward Kavai Nzioka & 7 others v Nzioka Mutwanyigi & another [2019] KEELC 1672 (KLR)

✦ The application is dismissed with costs to the 2nd Defendant/Respondent

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.

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.

Mary Wangari Kiarie v Peter Wambugu Mwangi [2019] KEELC 1499 (KLR)

✦ The application is dismissed as mischievous and an abuse of the court process.

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.

David Waruiru Ngotho v Isaac Dan & 3 others [2019] KEELC 1505 (KLR)

✦ The application is dismissed with costs to the 3rd respondent

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.

Alfred Nyongesa Wakhungu v Gabriel Makokha Wakhungu Francis Amwayi Mayabi [2019] KEELC 1679 (KLR)

✦ The court finds the plaintiff's suit not merited and dismisses it with no orders as to costs.

Paul Otieno Mungla t/a Paul Mungla & Co. Advocates v George Ogalo Oner & another; Charity Achieng Opon (Objector) [2019] KEELC 1501 (KLR)

✦ The objector's proceedings lack merit and the notice of motion is dismissed.

Kenia Realty Limited v Salome Wairimu Miano & 3 others [as personal representatives and beneficiaries of the Estate of the late Abdalla Ali Miano] [2019] KEELC 1540 (KLR)

✦ The application is dismissed as the respondents have no intention of resolving the dispute through arbitration and the court finds no merit in the application.

Cypriano M’nguthuri & 2 others v M’ithitua & another [2019] KEELC 1667 (KLR)

✦ The three cases are consolidated with Tigania PM ELC No. 112/14 as the lead file.

Nancy Mwari Marete & another v Daniel Riungu Marete & another [2019] KEELC 1676 (KLR)

✦ The court found that the plaintiffs had raised the issue of trust in their pleadings and that the defendant held the land in trust for the plaintiffs.

Hiram Bere Kinuthia & 2 others v Edick Omondi Anyanga & 4 others [2019] KEELC 1446 (KLR)

Nancy Wamugo Muchene v Inspector General of Police & 10 others; Kenya National Human Rights Commission & 5 others (Interested Parties) [2019] KEELC 1434 (KLR)

✦ The court ordered the respondents to be evicted from the petitioner's land, declared violations of the Constitution and human rights, and provided for compensation and security.

Cyprianus Okoth Okere v Nacico Sacco Society Limited [2019] KEELC 1523 (KLR)

✦ The appeal is dismissed with costs to the respondent. The appellant is given sixty (60) days to vacate the premises in default, the respondent may then evict him using lawful means.

Razaro M’amai M’rukunga v Sabera Nkina [2019] KEELC 1632 (KLR)

✦ The application for reinstatement is allowed but with costs to the respondent

Ali Nyasiri Juma (suing in his capacity as the legal and personal representative of the estate of the late John Juma Musungu – Dcd.) v Gladys Muka Mango (being sued as the legal and personal representative of the estate of the late Mango Muka [2019] KEELC 1688 (KLR)

✦ The plaintiff's suit is struck out with no orders as to costs due to non-joinder of one of the proprietors of the suit land.

Paul Mworia Bagine & 2 others v Pauline Kagendo Mwari [2019] KEELC 1653 (KLR)

✦ The defendant is entitled to the suit parcels as she is the registered proprietor.

Loyford Muriuki Riara & 3 others v Kithinji Njoka, Murithi Njoka & 3 others [2019] KEELC 1719 (KLR)

✦ The court grants the application to remove the caution on the land parcel to facilitate the implementation of the previous judgment.

Republic v County Government of Meru; Bernard Mwongela (Interested Party) Ex-parte Mwenda Miathene Women Group [2019] KEELC 1629 (KLR)

✦ The court finds that the previous suit (ELC JR No. 14 of 2012) is not res judicata to the current suit. The court also determines that the dispute should not be re-heard and that the respondent does not have the jurisdiction to direct its relevant committee to re-hear the dispute.

Republic v Chairman Land Disputes Tribunal Kakamega Municipality; Alfred N. Andati & 5 others (Interested Parties) Ex-parte Applicant; James Sakwa Mukolwe [2019] KEELC 1701 (KLR)

✦ The court dismisses the applications as they have no merit and the interested parties have been indolent.

Kiilu v Construction Kenya Ltd (Environment and Land Case 34 of 2018) [2019] KEELC 1664 (KLR) (25 September 2019) (Judgment)

✦ The court finds in favor of the plaintiff, awarding damages and a permanent injunction.

Kamu Ventures Limited v Paul Mungai Mwangi [2019] KEELC 1301 (KLR)

✦ The application is dismissed. The defendant/applicant has failed to satisfy the requirements set out in Order 42 rule 6(2) of the Civil Procedure Rules.

Patrick Shimoka Okoth v Jud Dorice Akinyi Onyurah [2019] KEELC 1671 (KLR)

✦ The court finds the current suit is res judicata and strikes it out with costs to the defendant.

Ematundu Kaper Richards Orphanage v Justine Mutobera & 4 others [2019] KEELC 1677 (KLR)

✦ The suit is struck off with costs to the defendants.