Kenyan case law

Cancer Investments Ltd & another v Patrict Ng’ang’a Mburu [2015] KEELC 827 (KLR)

✦ The Application is hereby dismissed. Costs shall be in the cause.

Kurshed Begum Mirza v Jackson Kaibunga [2015] KEELC 224 (KLR)

✦ The court finds in favor of the Plaintiff, declaring the Defendant's action of invading the suit property unlawful and ordering the Defendant to pull down the structure already constructed on the suit property.

Jonathan Kimaiyo Mengich & 2 others v David Kiprono [2015] KEELC 56 (KLR)

✦ The plaintiffs are enjoined as interested parties to the suit, and the issue of whether the teachers who did not join Kerio South Teachers House held any interest in the property will be determined.

Kunyumu & 4 others (As the Official and Trustees of the Sisters of Mary Mother of God-Mtwapa)) v National Land Commission (Environment and Land Case 62 of 2015) [2015] KEELC 858 (KLR) (2 October 2015) (Judgment)

✦ The court declares that the applicants, the Sisters of Mary Mother of God-Mtwapa, are the owners of Land Reference No. MN/III/644-Mtwapa and orders the respondent to issue a title document.

Richard Kipkemboi Kutto v Nicodemus Koech [2015] KEELC 28 (KLR)

✦ The court finds in favor of the plaintiff, dismissing the defendant's preliminary objection and ordering eviction and injunction.

Pepe Teresa v Rosalba Pota & another [2015] KEELC 237 (KLR)

✦ The compromise dated 27th August 2012 is set aside due to lack of instructions from the Plaintiff and the advocate's apparent authority to bind the client.

Rofina Keter v Haron kimosong Meli & 3 others [2015] KEELC 66 (KLR)

✦ The court finds that Rofina Keter is the registered absolute owner of the suit property and entitled to all rights and privileges appurtenant to the parcel of land. The structures erected by the defendants be demolished and the defendants be evicted from the suit parcel after an expiry of 30 days from the date of the judgment. In the alternative, the defendants be at liberty to vacate the suit parcel within 30 days from the date of the judgment.

Michael Mwongela Musomba v Magdalene Ndinda Raphael & 5 others [2015] KEELC 150 (KLR)

✦ The criminal court is not in a position to determine the issue of ownership of the suit property, and the Applicant will be prejudiced if the criminal case is not stayed

Daniel Mwachinga Mwachdzungu v Tom Mwachidzungu & 3 others [2015] KEELC 210 (KLR)

✦ The court dismisses the application for contempt, finding that the Defendants were under an obligation to obey the injunction order after being served within the 14-day period.

Abdulrazak Muhsin Sheriff v Kadzo Masha Kazungu & another [2015] KEELC 213 (KLR)

✦ The Plaintiff's application for an injunction is allowed.

James Bett Chelanga & another v Patrick Maiyo [2015] KEELC 20 (KLR)

✦ The court directs that the appeal be transferred to the Environment and Land Court for purposes of hearing and determination.

Shah & another v Attorney General; Ethics and Anti - Corruption Commission (Proposed Interested Party) (Environment & Land Case 110 of 2014) [2015] KEELC 854 (KLR) (1 October 2015) (Ruling)

✦ The plaintiffs are entitled to an order barring the County Housing Officer, the County Commissioner, or any of them from interfering with their possession, occupation, and use of the property.

John Gachunja Njoroge v Joseph Njoroge Mwangi [2015] KEELC 169 (KLR)

✦ The court held that the appellant did not satisfy the requirements for a stay of execution pending appeal and that substantial loss would not result to the appellant if the stay is not granted.

Michael Munene Njogu & 2 others v Bernard Githinji & 2 others [ [2015] KEELC 209 (KLR)

✦ The court orders a permanent injunction, a declaration, and an account of rent collected from the land.

Robert Muhambi Katana & Others v Mombasa Teachers Co-Operative Savings & Credit Society Ltd [2015] KEELC 244 (KLR)

✦ The motion for an order for eviction and a declaration of ownership by adverse possession is dismissed.

Edwin K. Too v Paul K. Sitienei [2015] KEELC 14 (KLR)

✦ The court finds that the appellant/applicant has an arguable appeal and grants a temporary injunction restraining the respondent from erecting any structure on the land pending the hearing of the appeal.

Awadh Saleh Said v O.C.S Bamburi Police Station & 6 others [2015] KEELC 243 (KLR)

✦ The court finds that the petitioner has the right to bring the petition as he has a stake on his own behalf in the suit property. The court issues a conservatory order prohibiting the 5th, 6th, and 7th respondents or their assigns from carrying out or continuing with construction of any buildings or structures on the suit property.

Republic v Chairman Makuyu Land Disputes Tribunal, Principal Magistrate Muranga Law Courts & William Mburu Mungai Ex-parte Betha Wanjiru Mungai (Environment and Land Miscellaneous Application 6 of 2014) [2015] KEELC 175 (KLR) (29 September 2015) (Ruling)

✦ The application has merit and is allowed in terms of prayer (1). The ex parte applicant has made up a case for issuance of an order of Certiorari to remove to this court and to quash the impugned award and any consequential orders in respect thereof.

Mbeyu wa Ngome & another v Patani Virpal & 2 others [2015] KEELC 239 (KLR)

✦ The suit is res judicata and the application is dismissed with costs.

Amana Petroleum (K) Ltd v Enos Buko Ayub & another [2015] KEELC 236 (KLR)

✦ The preliminary objection is upheld, and the application is struck out with costs to the respondents.

Kuria v Kenya Broadcasting Corporation (Cause 801 of 2013) [2015] KEELC 188 (KLR) (28 September 2015) (Judgment)

Kiguoya Kamunge v Kagithi Kamunge & 2 others [2015] KEELC 168 (KLR)

✦ The court finds that the evidence adduced in the case is insufficient to establish a case based on fraud against the defendants.

Jimnah Irungu N. Mwangi v Eunice Nduta Kamau [2015] KEELC 176 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Charo Dida Nasoro v Konde Malingi Chai & 7 others [2015] KEELC 215 (KLR)

✦ The suit was brought in a representative capacity without leave of the court, and the Plaintiff's cause of action is not statute barred.

Mohamed Abuod Mbwana & 14 others v Attorney General & 4 others [2015] KEELC 148 (KLR)

✦ Application struck out as procedurally improper