Kenyan case law
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Daniel Muema Joel & 21 others v National Land Commission & 2 others [2019] KEELC 1570 (KLR)
✦ Application for injunction is dismissed
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Jamleck Mbogo Warui v Martin Ndegwa Githinji & another [2019] KEELC 1457 (KLR)
✦ The defendant's counter-claim is upheld, and the plaintiff is ordered to vacate the land within three months or face eviction.
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Damaris Akinyi Nondi and another (Suing as Administrators and Personal Representatives of the Estate of James Opiyo Opondo, deceased) v Asghar Khanabhai & 2 others [2019] KEELC 1750 (KLR)
✦ The Court finds in favor of the Plaintiffs, declaring the land as part of the Estate of the deceased and granting a permanent injunction against the Defendants.
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Joseph Kithaka Giteru v James Njogu Kathenge [2019] KEELC 1574 (KLR)
✦ The application is allowed with a stay of execution for 12 months from the date of the ruling
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Musili Kivingo & another v Kitili Kilonzo [2019] KEELC 1608 (KLR)
✦ The application is dismissed with costs as it is an abuse of the court process.
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Sabastiano Njogu Njagi & 4 others v Janeffer Wakuthii Munyi & 2 others [2019] KEELC 1551 (KLR)
✦ The court finds that a customary trust exists on the land parcels and orders the defendants to hold them in trust for the plaintiffs and share them equally.
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Railway Housing Co-operative Society v Balu Munga & 10 others [2019] KEELC 1742 (KLR)
✦ The Court finds in favor of the Plaintiffs on all issues.
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Pius Muthusi Mwitwa v Ronald Ndeleva Kitheka & another [2019] KEELC 1625 (KLR)
✦ The Plaintiff is the lawful and bona fide owner of the land Matinyani/Kauma/1680. The Plaintiff is entitled to a declaration of ownership, a permanent injunction against the Defendants, eviction from the land, and the demolition of structures erected by the Defendants.
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Martha Kilonzo v Kamula Mukiti & 3 others [2019] KEELC 1633 (KLR)
✦ The application is dismissed with no order as to costs, and the suit stands dismissed.
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Lucy Wambui Muriithi & 2 others v Dorcase Muthoni Karani & 5 others [2019] KEELC 1579 (KLR)
✦ The Court denies the application to enjoin Johnson Wachira Kibui as a third party and co-defendant, finding that the applicants have not shown a substantial connection between the plaintiff's claim and Kibui's involvement, and that the application would lead to practical problems.
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Makau Nzuki v Benson Nzioka Makenzi [2019] KEELC 1599 (KLR)
✦ The Application is dismissed with costs as the Applicant has not given a plausible and reasonable explanation for his failure to file the Memorandum of Appeal within the requisite period.
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Daniel Gachoki Muchira v Agricultural Finance Corporation & 2 others [2019] KEELC 1549 (KLR)
✦ The public auction on 15th May 2014 was conducted legally and procedurally. The plaintiff was indebted to the 1st defendant. The 3rd defendant was an innocent purchaser for value without notice and obtained a good title.
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Charles Karanja Njuguna & 2 others v Foster Trading Company Limited & 4 others [2019] KEELC 1635 (KLR)
✦ The Plaintiffs' application is dismissed with no order as to costs, and the suit stands dismissed as ordered by the court on February 23, 2018.
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Loise Ndeto Kimweli v Peter Kimonyi Kimweli [2019] KEELC 1400 (KLR)
✦ The Plaintiff's money was not given to the Defendant for the purchase of shares in Malili Ranch.
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Sidi Chea Msanzu v Goldson of Cheshale Ltd [2019] KEELC 1748 (KLR)
✦ The Plaintiff's application is allowed, and the suit is directed to be prosecuted within 90 days from the date of the ruling.
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Nardielo Maurizio & 3 others v Tropicana Hotels Limited [2019] KEELC 1737 (KLR)
✦ The Plaintiffs' application is allowed in terms of Prayers 2, 4, and 5 thereof
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Moses Warui Gatimu v Douglas Mwai Machuru & another [2019] KEELC 1563 (KLR)
✦ The court dismissed the plaintiff's claim for adverse possession, finding that the plaintiff's entry into the land was with the owner's consent and thus not based on adverse possession.
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Mbetsa Sadi Munga & 89 others v Peter Kahi & 5 others [2019] KEELC 1749 (KLR)
✦ The Court held that the land is not Government Land and is not Trust Land. The Plaintiffs' customary land rights are not recognized.
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Peter Musungu Kenyatta v Julius Kituri Ngondo [2019] KEELC 1747 (KLR)
✦ The Court re-admits the appeal due to the Appellant's counsel's mistake in diarizing the date for highlighting submissions.
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Munube Ngondi Magu v Moses Mwangi & 4 others; Mary Wambura Mboi(Applicant) [2019] KEELC 1572 (KLR)
✦ The plaintiff's application to revive the suit and substitute the deceased with the applicant is allowed. The defendant's application to be enjoined as a party to the suit is also allowed. Emma Wanjira Kagete is enjoined as the 5th defendant in the suit.
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Nadutari Koriata v Nareiyo Koriata & 4 others [2019] KEELC 1659 (KLR)
✦ The court varies and reviews its order, allowing the 1st Defendant to lease her land and not dispose of it, while maintaining the status quo pending the suit.
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Everlyne Nyanchama Nyasani v Ezra Kemboi, Eliud Kiplagat & Emily Kerosee (Environment & Land Case 112 of 2017) [2019] KEELC 946 (KLR) (19 September 2019) (Ruling)
✦ The court granted the application for stay of execution, finding that the applicants had met the requirements of Order 42 Rule 6 of the Civil Procedure Rules and that there were no grounds to refuse the stay.
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Rowland Edwin Nyaga Murithi v Nyaga Murua Mbario [2019] KEELC 1392 (KLR)
✦ The Appellant's appeal is dismissed in its entirety. Each party shall bear his own costs.
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David Kariuki Ndirangu v Magdalene Wambui Ndirangu & another [2019] KEELC 1718 (KLR)
✦ The appeal is incompetent due to the appellant's failure to seek and obtain leave of the court to file an appeal. The appeal is struck out with costs to the respondents.
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Julia Njeri Kinuthia v Isaac Waciuri Mbugua & another [2019] KEELC 1687 (KLR)
✦ The application is allowed with conditions, including security for costs and a deadline for filing the appeal.