Kenyan case law
-
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.
-
Asumpter Wangari Njenga v Bonaventure Mwangi Njoga [2019] KEELC 1769 (KLR)
✦ The Court of Appeal overturned the decision of the Business Premises Rent Tribunal, finding that the Tribunal erred in law and in fact in its findings and orders.
-
Kenya Anti-Corruption Commission v Chember Holdings Limited & 2 others [2019] KEELC 1724 (KLR)
✦ The court dismissed the application.
-
Alexander Nyaga Mwake & others v John Mwaniki Makenge & 2 others [2019] KEELC 1474 (KLR)
✦ The court finds that the 2nd Respondent did not die more than one year prior to the filing of the application and therefore the application to abate the suit is dismissed.
-
Doune Farm Limited v Richard Soi & 4 others; Borop Multipurpose Co-operative Society Ltd (Interested Party) [2019] KEELC 1775 (KLR)
✦ The plaintiff is granted leave to file and serve a further list and bundle of additional documents, list of witnesses, and witness statements within 14 days from the date of delivery of this ruling. The defendants and interested party are granted leave to file and serve a further list and bundle of documents, list of witnesses, and witness statements within 14 days of service of the plaintiff's aforesaid documents. Hearing of the suit shall start de novo.
-
Republic v Director of Land Adjudication & another Exparte Oluoch Amollo [2019] KEELC 1433 (KLR)
✦ The court granted the applicant's application for leave to commence proceedings in the nature of judicial review.
-
Michael Muturi Karanja v Paul Kimani Noroge [2019] KEELC 368 (KLR)
✦ The ex-parte orders are set aside due to irregular service and premature application for eviction.
-
Charlsity Investment Limited & 14 others v Kenya Railways Staff Retirement & Benefits Scheme & another [2019] KEELC 1366 (KLR)
✦ The court lacks original jurisdiction to hear the matter and the plaintiffs' suit is struck out with costs to the defendants.
-
Esther Muthoni & another v Joseph Mwangi Kirari [2019] KEELC 1776 (KLR)
✦ The appeal is dismissed with costs to the respondent.
-
Mwagambo & Okonjo Advocates v Minister for Public Works, Roads and Transport, County Government of Kajiado & another [2019] KEELC 1767 (KLR)
✦ The Court will allow the application for enlargement of time and grant leave to appeal.
-
Philip Ngethe v Kenneth Mwangi & 2 others [2019] KEELC 1761 (KLR)
✦ The Land Registrar is enjoined as the 3rd Respondent and the Order is amended to include the Land Registrar.
-
Najma Surur Rizik Surur v Mansur Said & 8 others [2019] KEELC 1734 (KLR)
✦ The transfer of the property by the 1st to 7th Defendants to the 8th Defendant is declared null and void.
-
Joseph Dennis Odondo v Meshack Juma Omollo & another [2019] KEELC 889 (KLR)
✦ The plaintiff's amended originating summons is incurably defective and the defendant's preliminary objection is sustained.
-
Attorney General v Peter Mwika M’maingi & another; Silas Mugambi & another (Interested Parties) [2019] KEELC 1431 (KLR)
✦ The court grants the application on the condition that the substantive judicial review motion is filed and served within 21 days from the date of delivery of this ruling, and the applicants are to bear the costs of the application.
-
Joseph Marwa Chacha v Isaya Tatiro Sereria [2019] KEELC 1287 (KLR)
✦ The application is dismissed as there is no evidence of service of the court orders.
-
Mary Waithera Muiruri v Kuria Ng’ang’a [2019] KEELC 1779 (KLR)
✦ The decree is not satisfied, and eviction warrants are issued to Waruinge Peter Waititu t/a Digit Auctioneers.
-
Republic v Land Settlement Fund Board of Trustees; Tom Ayatta & 3 others exparte [2019] KEELC 1478 (KLR)
✦ The court finds that the eviction violates the applicants' constitutional rights and grants the orders of prohibition, mandamus, and costs.
-
Kukam Limited v Kenya National Highways Authority & 2 others [2019] KEELC 1774 (KLR)
✦ The court will allow the plaintiff to have its day in court and the defendants will be accorded the opportunity to controvert the plaintiff's evidence.
-
Mark Sikalabo Opicho v Wilfred Wafula Opicho & 2 others [2019] KEELC 1778 (KLR)
✦ Application dismissed with costs
-
Mereina Teketi Munene v Lekenke Ole Teketi [2019] KEELC 1746 (KLR)
✦ The appeal is dismissed. The judgment and decree of the Kajiado Principal Magistrate Hon. Mary A. Ochieng (Mrs) dated the 3rd December, 2014 are upheld.
-
Jacob Owalo Ariaro & another v Philip Onyango Owich [2019] KEELC 954 (KLR)
✦ The plaintiffs' claim is dismissed as they failed to prove their case on a balance of probabilities.
-
Kenroid Limited v Aureum Limited & 8 others [2019] KEELC 331 (KLR)
✦ The court finds no merit in the 4th defendant's application and dismisses it with costs to the plaintiff.
-
Mary Wambui Nganga, Joyce Wambui Nganga & Nicholas Ndungu Nganga v Susan Wambui Njenga, annah Wanjiru Kirui, Joseph Kiiru Mwai, Rufus Tirus Nganga, David Ndungu Gachiri, Peter Mungai Mwathi, John Mwaniki Kabue, Peter Kirui Gicheru & National Land Commission (Environment & Land Case 7 of 2019) [2019] KEELC 1766 (KLR) (17 September 2019) (Ruling)
✦ The court dismisses the plaintiffs' application and orders the defendants to comply with the previously established land boundaries and not to interfere with the plaintiffs' land.
-
Joseph R.R. Aganyo v Agnes Anyango Akumu sued as the Legal administration of estate of Willis John Akumu Yoya (Deceased) [2019] KEELC 1495 (KLR)
✦ The application is dismissed with costs to the respondent.
-
Elishaphan Omollo Nyasita v Gradus Atieno Othim & another [2019] KEELC 1498 (KLR)
✦ The court denied the application as the applicant did not provide evidence of substantial loss and the application was made with unreasonable delay.