Kenyan case law

David Gathinji Kariuki Suing on behalf of members of Mbegi Muridate Community, Gilgil v Kenya Defence Force & 2 others [2021] KEELC 2028 (KLR)

✦ The court dismisses the petitioners' case with costs to the respondents.

Joseph Baker Kiamba Mwaniki v Abdi Godana Dida & 4 others [2021] KEELC 1844 (KLR)

✦ The court found that the defendants are not trespassers and dismissed their counterclaim for lack of merit.

Ongoche v Otieno & another (Environment and Land Miscellaneous Application E001 of 2021) [2021] KEELC 4734 (KLR) (16 September 2021) (Ruling)

✦ The application is allowed, and the applicant is granted leave to appeal. He must file the appeal within 30 days from the date of this ruling.

Sankale Alfred Karasha v Siimon Joseph Karasha [2021] KEELC 1978 (KLR)

✦ The Court finds in favor of the Applicant, confirming adverse possession and granting the requested orders.

Patrick Kivai Nduva v Noah Moneria Ole Kurrarru 2 & others [2021] KEELC 1992 (KLR)

✦ The Plaintiff is the lawful owner of the property and entitled to possession and rental proceeds.

Obadia Auko Ongoche v Jared Ogingo Otieno & another [2021] KEELC 977 (KLR)

✦ The application dated 21st September 2021 and filed herein on 22nd September 2021 be and is hereby allowed in terms of orders 2 and 3 sought therein and as stated in paragraph 1 (b) and (c) hereinabove.

Kenya Civil Aviation Authority v National Land Commission & 3 others; Kenya Commercial Bank Limited (Interested Party) [2021] KEELC 1956 (KLR)

✦ The court dismissed the 2nd respondent's application for lack of merit and ordered the application to be heard by the Presiding Judge of the Court at Nairobi (Milimani) Environment and Land Court Station.

Kiliavo Fresh Limited v National Environmental Tribunal; Big Life Foundation Party & another (Interested parties) [2021] KEELC 1996 (KLR)

✦ The Court grants leave to the Applicant to institute judicial review proceedings of Certiorari and Prohibition against the Respondent's decision dated 23rd March, 2021, and the leave granted will operate as a stay of the impugned decision.

Samson Teela Akute v Kenneth J Kamau Ngigi & 2 others [2021] KEELC 1979 (KLR)

Lawrence Maina Mwangi v Prairie Co-operative Society Ltd & 6 others [2021] KEELC 2038 (KLR)

✦ The court stays the current suit pending the hearing and determination of the previously instituted Nakuru ELC No. 127 of 2014.

Mepukori Pere v Samuel Gicheru & another [2021] KEELC 1984 (KLR)

✦ The Court found that the Defendants are in possession of the suit land and owe rent arrears, and since there is no subsisting lease, the Plaintiff is entitled to an eviction order.

Duncan Nyaori Agoro & 3 others v Joseph Otieno Nyaori [2021] KEELC 1896 (KLR)

✦ The court finds in favor of the plaintiffs and grants an interim preservation order to maintain the status quo over the suit land pending the hearing and determination of the suit.

Panras Hinga Karuri v Sammy Maina Kamau [2021] KEELC 2016 (KLR)

✦ The Appeal has no merit and is dismissed

Amani Sea Resort Limited v Armo Aquarius Limited t/a Lily Palm Resort [2021] KEELC 2075 (KLR)

✦ The Court dismissed the appeal, finding that the Appellant did not establish a prima facie case to warrant the grant of an order of injunction.

Omar Abdalla Jelani & 5 others v Attorney General &4 others [2021] KEELC 2061 (KLR)

✦ The Court finds merit in the application and sets aside the taxation of the petitioners' bill of costs, remitting it back to a different Taxing Master.

Mdigo Mbaji Chigulu v Issac Chigwado Baya [2021] KEELC 2023 (KLR)

✦ The Plaintiff's suit is struck out as it is an abuse of the court process and not in compliance with the Land Adjudication Act.

Jilani Mongo Madzayo v John Nyagaka Osoro [2021] KEELC 2053 (KLR)

✦ The Plaintiff's claim for vacant possession and permanent injunction is upheld.

John Njenga Mwangi v Chea Baya and Baya Thoya and Family & 26 others [2021] KEELC 2072 (KLR)

✦ The Tribunal's decision is upheld, and the land title is confiscated to the Registrar of Titles. The Land Adjudication and Settlement Department must demarcate the land for individual ownership.

Malindi Ginneries Limited v Kahindi Thoya Chea and 99 others [2021] KEELC 2067 (KLR)

✦ The Plaintiff has proved its case on a balance of probabilities and is granted a permanent injunction restraining the Defendants from interfering with its quiet possession of the subject properties. The Plaintiff is also awarded Kshs 3 Million in general or exemplary damages.

Samuel Ndungu Gitau v Geofrey Gitari Njogu [2021] KEELC 2024 (KLR)

✦ The Plaintiff has proved his case on a balance of probabilities and is vested with the proprietary rights over the suitland.

Jonathan Saha & 3 others v Julius Tsama Mkuzi [2021] KEELC 2068 (KLR)

✦ The court finds the suit premature and must await the full trial.

Everline Nangila Wekesa v Martin Bukamu & another [2021] KEELC 2017 (KLR)

✦ The defendants trespassed onto the plaintiff’s land and should be evicted and injuncted from further interference.

Delmonte (K) Limited v National Land Commission & another; Kandara Residents Association & 2 others (Interested Parties) [2021] KEELC 2002 (KLR)

✦ The Preliminary Objection is dismissed as it is not a pure point of law and the matter is not res judicata.

Ruth Kabibi Kombe v White Unicorn Limited & another [2021] KEELC 2066 (KLR)

✦ The application to dismiss the suit for want of prosecution is dismissed with costs to the Plaintiff.

Kandara Residents Association & 4 others v Delmonte (K) Limited & 4 others [2021] KEELC 2001 (KLR)

✦ The time bar objection is dismissed. The court has jurisdiction to hear the suit. The plaintiffs have capacity to sue and have not alleged an independent cause of action.