Kenyan case law
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Annah Jepkemoi Barmasai v Stanley Kiwalei Chebundo & 2 others [2020] KEELC 3978 (KLR)
✦ The court found the respondents in contempt of court for disobeying the court orders and ordered them to appear within 14 days to show cause why they should not be committed to civil jail for contempt.
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Jane Awuor Ondiege & another v Ali Yusuf Malumbo & 4 others; Rural Electrification Authority (Third Party) [2020] KEELC 1833 (KLR)
✦ The plaintiffs' claims for adverse possession and compensation for the cut trees are dismissed.
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Judith Walekhwa v Ronald Olunga & 2 others [2020] KEELC 2106 (KLR)
✦ The Court grants the extension of time for filing the Notice of Appeal and the Memorandum of Appeal
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Miraflores Apartments Limited v Caleb Akwera & anothers [2020] KEELC 2232 (KLR)
✦ The court finds the conveyance illegal and fraudulent, and the plaintiff is the lawful owner.
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Lawrence Njeru Munyi & 10 others v Musa Njau Mithuro & 2 others [2020] KEELC 2048 (KLR)
✦ The court finds no merit in the petition and dismisses it in its entirety.
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Kandara Residents Association & 4 others v Delmonte (K) Limited & 4 others [2020] KEELC 2276 (KLR)
✦ The applications are dismissed, and each party is to meet their own costs.
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Jane Waithira Kihara v Njihia Mucheke (Environment & Land Case 1657 of 2007) [2020] KEELC 2256 (KLR) (Environment and Land) (3 June 2020) (Ruling)
✦ The plaintiff's notice of motion is dismissed for lack of merit
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Delmonte Kenya Limited v Mishack Kibe Muiruri & 4 others [2020] KEELC 2298 (KLR)
✦ The application is granted with certain conditions
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Sarah Auko Okoth v Charles Orwa Okech [2020] KEELC 1777 (KLR)
✦ The court held that the plaintiff has not established her claim against the defendant.
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John Ndegwa Maina & 11 others v John Ndun’gu Mwaura & another [2020] KEELC 2311 (KLR)
✦ The court found that the plaintiffs have not proved their case on a balance of probabilities and that the defendants hold the land in trust for the plaintiffs.
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Pamela Adhiambo Obengo v Stephen N Mugo & 3 others [2020] KEELC 2310 (KLR)
✦ The court issues an order to maintain the status quo, restraining both the applicant and the respondents from conducting further activities on the land until the suit is heard and determined.
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Moses Onyango Odiango v Rebecca Kamunde & another [2020] KEELC 2308 (KLR)
✦ Plaintiff's claim is upheld, and he is awarded an injunction and costs.
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David Wahome Gitonga (Suing as the legal Representative of the Estate of the Late Lucy Nyokabi Kiarie) v Mary Nyakio Kanini & 3 others [2020] KEELC 2218 (KLR)
✦ The Court finds that Lucy Nyokabi Kiarie was the proprietor of the land and that the registration of the land was fraudulent. The charge over parcel No. Nyandarua/Ndemi/2224 should be nullified, and the title to parcels No. Nyandarua/Ndemi/2224 should be cancelled and reinstated to parcel No. Nyandarua/Ndemi/453.
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Joseph Gicheru Karanja v Mburu Karanja Kabuchia & 3 others [2020] KEELC 2186 (KLR)
✦ The 3rd Defendant was substituted as the legal representative of the deceased 1st Defendant, and the Land and Environment Court had concurrent jurisdiction to hear and determine disputes of succession relating to land.
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SBI International Holdings AG (K) v Bore (Environment & Land Case 47 of 2013) [2020] KEELC 3984 (KLR) (3 June 2020) (Ruling)
✦ The application is dismissed with costs, and the court's finding that the defendant's counsel deliberately delayed the case is upheld.
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Kenya National Chamber of Commerce & Industry - KNCC1 (Muranga Chapter) & 2 others v Delmonte Kenya Ltd & 3 others; County Government of Kiambu (Interested Party) (Environment and Land Case 86 of 2018) [2020] KEELC 2258 (KLR) (3 June 2020) (Ruling)
✦ The court dismisses the plaintiffs' claims and the application, finding that the plaintiffs lack standing to sue on behalf of the national chamber and that the case is time-barred.
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Noel Mwatata Mwakitele v Julius Mwangata;James Moses Mugo (Interested Party) [2020] KEELC 1796 (KLR)
✦ The Tribunal's decision is null and void for want of jurisdiction. The land parcel No. 1243 is awarded to the appellant.
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Joyce Njeri Kariuki v Joreth Limited & 3 others [2020] KEELC 2244 (KLR)
✦ The court found that the plaintiff did not establish that the estate of the late Josephat Kariuki Marima acquired title to the land by adverse possession.
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Pius Watene D Maina (suing for and on behalf of the Baptist Convention of Kenya v Director General Kenya Urban Roads Authority & 5 others [2020] KEELC 2289 (KLR)
✦ The court grants prayers 2 and 4, and directs the plaintiff to serve the orders upon the defendants within 10 days, and for full compliance with order 11, CPR within 21 days.
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Elias Micheni Mugo v Kenya Urban Roads Authority (KURA) & 5 others [2020] KEELC 2319 (KLR)
✦ The court grants the application for an interim injunction to prevent the construction of 'Moi Girls Road' on the disputed plot.
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Kareu Ndebu v Ndege Ndebu [2020] KEELC 1989 (KLR)
✦ A declaration that the defendant holds land parcel No. BARAGWE/RAIMU/237 in trust for himself and the plaintiff, and the Land Registrar Kirinyaga County to conduct sub-division of the land into two equal portions.
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Republic v Chief Land Registrar & 2 others; James Ndungu Kabiru (Interested party), Ex-parte Jamii Bora Bank [2020] KEELC 1982 (KLR)
✦ The Court granted the Ex-parte Applicant leave to commence Judicial Review proceedings for an order of mandamus to compel the 2nd Respondent to transfer property Land Reference No. MWEA/MUTITHI/121 to the Interested Party.
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Rajni Kant Nathoo v Edward Nthuli & 4 others [2020] KEELC 2341 (KLR)
✦ The Plaintiff’s application to amend his re-amended Plaint to substitute the 4th Defendant with the National Land Commission is denied as the issue had already been dealt with. The Plaintiff’s application to reopen his case for cross examination of the 1st, 4th and 5th Defendants is also denied as the 1st, 4th and 5th Defendants never testified.
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Republic v District Commissioner - Makueni District; Ronald Musau Ngao & 2 others (Interested Parties) Ex Parte Alfonce Muli Kulemba (Legal representative estate of James Kulemba Kithambi) [2020] KEELC 2282 (KLR)
✦ The Ex-parte Applicant's motion fails as there is no evidence of the District Commissioner acting in excess of jurisdiction, and the Ex-parte Applicant lacks locus standi.
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Justice and Peace Center Kitale v National Land Commission & 3 others [2020] KEELC 2184 (KLR)
✦ The petitioners' constitutional rights under articles 47 and 50 of the Constitution have been violated.