Kenyan case law
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Shivji Naran Virji v Ogla Jemeli Barng’etuny [2019] KEELC 1790 (KLR)
✦ The court finds that the contract was valid and the defendant breached it by failing to transfer the land.
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Joseph N. Angwenyi & another v Alice Kemuma Michieka & 2 others [2019] KEELC 1867 (KLR)
✦ The court finds that the creation and origin of the 3rd Defendant's land parcel Central Kitutu/ Mwamosioma/1775 is in issue and that the Plaintiffs assert the parcel of land was fictitious and fake.
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Kenya Agricultural and Livestock Research Organization v Kisii County & another [2019] KEELC 1860 (KLR)
✦ The Court found in favor of the Petitioner, declaring that the Respondents do not have the mandate to administer public land and that the Petitioner's rights have been violated.
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Muchanga Investments Ltd v Habenga Holdings Ltd & 8 others; Barclays Bank of Kenya Ltd (Interested Party) [2019] KEELC 1543 (KLR)
✦ The application for stay of proceedings is dismissed with costs.
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Okiya Omtatah Okoiti v National Land Commission [2019] KEELC 1541 (KLR)
✦ The petition is dismissed as it lacks merit.
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Roseline Alivitsa Asena & 5 others v Kenya Railways Corporation & 2 others [2019] KEELC 1547 (KLR)
✦ The doctrine of res judicata applies to the Plaintiffs' claims, and the Plaintiffs' new encroachment issues are not new causes of action.
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Mutua Kihu v Housing Finance Company of Kenya Ltd & another [2019] KEELC 1582 (KLR)
✦ The Plaintiff's application dated 4th February 2013 is dismissed with costs to the Defendants. The application dated 12th February 2015 is also dismissed.
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Joseph Maweu Matheka v Musikie Limited & another [2019] KEELC 1517 (KLR)
✦ The Court finds that the Applicant's application is not bad in law and that the Applicant has met the threshold for grant of stay pending appeal.
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Peter Nyabuti v Ringa Property Limited & another [2019] KEELC 1564 (KLR)
✦ Judgment in favor of the Plaintiff in the sum of Kshs.3,640,000 against the Defendants jointly and severally.
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Ellen Wangari Mburu v Patrick Kinuthia Kiiga [2019] KEELC 1560 (KLR)
✦ The Court finds that there was no purchase of the suit property by the Defendant from Muigai. The Plaintiff has established that the Defendant holds the suit property in trust for himself and for Plaintiff in equal shares.
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John Maina Mburu v Evans Kageche Boro [2019] KEELC 1518 (KLR)
✦ The Court dismisses the Applicant's application as the Nakuru suit has already abated due to the Plaintiff's death without substitution.
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Nelson Njoroge Githina v Joreth Limited & another [2019] KEELC 1548 (KLR)
✦ The Court found that the Plaintiff took possession in 1979 and has remained in possession since then, thus finding in favor of the Plaintiff's claim for adverse possession.
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Samuel Kimondo Theuri v Mohammed Swazuri & another; Ruiru Sports Club(Intersted Party) [2019] KEELC 1544 (KLR)
✦ The Court finds that NLC had jurisdiction to inquire into the ownership of the suit property and as to how the Petitioner became the registered owner. The Petitioner's rights under Article 40 (3) and Article 47 (1) and (2) of the Constitution were not violated.
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Kenya Wildlife Service v Sihua Industry Alliance Co. Ltd & 3 others [2019] KEELC 1799 (KLR)
✦ The consignment did not form part of the endangered species at the time of seizure in May 2014. The 1st Respondent had the requisite valid transhipment permits. The trial magistrate was within the law in making an order for the release of the seized goods.
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Ali Tungwa v Mohamed Bakari Mwavuo [2019] KEELC 1821 (KLR)
✦ The application is dismissed as the Land Disputes Tribunal had no jurisdiction to direct the High Court.
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John Arusei Singoei v Elisha Kipkorir Busienei & 4 others [2019] KEELC 1873 (KLR)
✦ The court enforces an injunction against Paul Gicheru, the registered owner, to allow the court to adjudicate the suit.
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Boniface Odero Simani v Herman Shibiti & 3 others [2019] KEELC 2003 (KLR)
✦ The plaintiff disobeyed the court order and is in contempt of court.
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Kenya Anti-Corruption Commission v John Kiplagat Chesanga & 2 others [2019] KEELC 1893 (KLR)
✦ The court held that the plaintiff does not have standing to bring the suit and dismissed the case.
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Kenneth Kirika Watene v Peter Kimani Kairu t/a K.N. Associates & 4 others [2019] KEELC 1994 (KLR)
✦ The Plaintiff's application to amend the amended plaint has no merit and is dismissed with costs to the Defendants
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Sanjeet K. Shah & another v Sadruddin Tarmohamed Mulji Govani;Kibwana Abdallah Athman Jaff (Third Party) [2019] KEELC 1968 (KLR)
✦ The court stays further proceedings in the suit pending the determination of the Defendant's appeal.
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Paul Kamau Waweru v Geoffrey Ndung’u Theuri & another [2019] KEELC 1901 (KLR)
✦ The court dismissed the 1st Defendant's application to strike out the Plaintiff's suit, finding that the issues raised require determination at trial.
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Regina Nyambura Ngonya v Peter Gathuru Chege & 3 others [2019] KEELC 1996 (KLR)
✦ The Plaintiffs' claim is time-barred and is hereby dismissed.
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Masto Holdings Limited v Njenga & 4 others (Environment & Land Case 226 of 2016) [2019] KEELC 1954 (KLR) (8 August 2019) (Judgment)
✦ The Plainti has failed to prove its claim on a balance of probabilities, and the 1st Defendant’s counterclaim is allowed.
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Rising Freight Limited & another v Kenya National Highways Authority & 3 others [2019] KEELC 1887 (KLR)
✦ The court dismisses the defendant's preliminary objection and affords the plaintiffs an opportunity to be heard.
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Mohan Galot v City Council of Nairobi & Nairobi City Water and Sewerage Company (Environment & Land Case 910 of 1997) [2019] KEELC 1879 (KLR) (Environment and Land) (8 August 2019) (Judgment)
✦ The court directs the Defendants to comply with the water pollution control standards established under the Environmental Management and Coordination Act, failing which the Plaintiff may move the National Environment Management Authority to enforce the Environmental Management and Coordination Act and the Regulations under it relating to water pollution prohibition.