Kenyan case law

Kavai Muasya & another v Augustine Mutua Sauli & 5 others [2020] KEELC 2297 (KLR)

✦ The Court directs that the obtaining status quo be maintained where the parties are directed to use the road of access that was recently curved out by the Plaintiffs pending the outcome of the suit.

Ramadhan Idd Ramadhan & 5 others v Director of Public Prosecution & another; National Land Commission & another (Interested Parties) [2020] KEELC 2414 (KLR)

✦ The petitioners' applications are struck out as there was no violation of their constitutional rights and the criminal proceedings were not an abuse of process.

Nsato Maroa v Magebo Sabure (Environment and Land Appeal 9 of 2018) [2020] KEELC 2252 (KLR) (27 May 2020) (Judgment)

✦ The Trial Court was right in dismissing the application based on the findings in the JR application.

Shamsher Kenya Limited v Fayard Abdulrazak Sheikh, Commissioner of Lands, District Lands Registyrar, Kilifi District, Attorney General, Mwenda Kadenge Jefwa, Stephen Kiramana Ilongi, National Land Commission & Estate of Benjamin Raphael Ndubai (Environment & Land Case 139 of 2011 & Civil Case 71 of 2008 (Consolidated)) [2020] KEELC 2410 (KLR) (27 May 2020) (Judgment)

✦ The Court declared Shamsher Kenya Limited as the lawful proprietor of the suit property and ordered the 1st Defendant to remove any constructions on the property.

Bibiana Nekesa Wandala (suing on her own behalf and on the behalf of the Estate of Wandela Wangula Namangala – Deceased) v Daclas Wafula Wamalwa & 3 others [2020] KEELC 2450 (KLR)

✦ The plaintiff is entitled to the 5 acres of land by virtue of adverse possession and the defendants' titles to the land parcels have been extinguished.

Mode of Proceeding Multi Track Bildad Simiyu Khakina & 2 others v Henry Kerre Wakhungu & 2 others [2020] KEELC 2380 (KLR)

✦ The defendants did not obtain the registration of land parcel NO EAST BUKUSU/NORTH KANDUYI/2395 fraudulently. The plaintiffs did not obtain the registration of land parcel NO EAST BUKUSU/NORTH KANDUYI/2394 fraudulently.

Gabriel Wamalwa Barasa v Charles Barasa Lusopio & another [2020] KEELC 2344 (KLR)

✦ The court finds that the plaintiff has not proven fraud and thus denies the cancellation of the land titles.

Moses Wakasiaka Wolayo v Mohammed Makongolo Musamba & 2 others [2020] KEELC 2424 (KLR)

✦ The plaintiff's suit is dismissed, and the defendants' counter-claim is allowed. The plaintiff's registration as proprietor of the land parcels NO KIMILILI/KIMILILI/4902 and 4903 is cancelled. A permanent injunction is issued restraining the plaintiff from claiming any portion of the land parcel NO KIMILILI/KIMILILI/61.

Kausau Ole Kurende v Land Registrar (Kajiado North Sub County) & 2 others; Sarapin Sokoiyon & 2 others (Intended Parties/Defendants) [2020] KEELC 2271 (KLR)

✦ The suit should proceed to full trial to determine the merits. The orders issued on 2nd April, 2019, 2nd October, 2018, and 24th January, 2018 should be set aside or reviewed.

Richard Kiplanagat Sigei v Grace Sang [2020] KEELC 2329 (KLR)

✦ The preliminary objection is dismissed as the defendant failed to demonstrate that the lower court matter is still pending.

Gaudencia Manyasia Ouma (Suing as the Administrator of the Estate of Ouma Oremake) v Isaya Wabwire Maridadi [2020] KEELC 1965 (KLR)

✦ The objection is dismissed with costs as it lacks legal succor and is unmeritorious.

Chai Tune Nyambu v Charo K. Malingi [2020] KEELC 2413 (KLR)

✦ The application and suit are struck out with costs to the Defendant as the dispute has been settled by the Ministerial Panel.

Jenta Makokha Buluma v Esau Namulanda & another [2020] KEELC 2100 (KLR)

✦ The application is dismissed with costs.

Nicholas Simiyu Sululu - Deceased (Substituted by Marcella Simiyu) v Edward Wanjala & another [2020] KEELC 2348 (KLR)

✦ The court finds in favor of the plaintiff, Nicholas Simiyu Sululu, and orders that he be registered as the proprietor of the land.

Jerald Lee Cooper & another v Patanisho Educational Centre Limited [2020] KEELC 2249 (KLR)

✦ The plaintiffs' application for an interim measure of protection under Section 7 of the Arbitration Act is unmerited and rejected.

Patrick Okoth Ochwa (Suing as administrator ad litem for the estate of Mishael Ochwa Ojwang (Deceased) v Bernard Otieno Ochola & 8 others [2020] KEELC 2238 (KLR)

✦ The court orders the Land Registrar and Surveyor to comply with the order issued on November 7, 2017, within 90 days from the date of this ruling.

Freeman Wafula Watambeko & 3 others v Enos Juma Wabomba [2020] KEELC 2437 (KLR)

✦ The defendant's application to call the witness Mike FWAMBA is denied. The letter dated 7th February 2018 authored by Mike FWAMBA is expunged from the record.

Joseph Mumero Wanyama v Jared Wanjala Lyani & another [2020] KEELC 2435 (KLR)

✦ The plaintiff's suit is dismissed with costs.

La Marina Limited v Nathan Kahara & 2 others [2020] KEELC 2337 (KLR)

✦ The Petition and the Judicial Review application are misconceived and without merit. The 1st Respondent’s Preliminary Objection is upheld, and the consolidated Petition and Judicial Review application are struck out with costs to the 1st and 2nd Respondents.

Ali Mhala Swaleh & 4 others v Mohamed M. Sheikh Ali & 12 others [2020] KEELC 2020 (KLR)

✦ The Court refuses to de-consolidate the suits and dismiss the Plaintiffs' suit for want of prosecution, as the Plaintiffs appealed the consolidation order and the delay was not inordinate.

Dickson Sinkeet Mapi (suing as the personal representative of Benjamin Mapi ole Partimo – Deceased) v Naisenyu Pargarna Mutunkei [2020] KEELC 2351 (KLR)

✦ The Court found that the Defendant did not adhere to the proper legal process to acquire the suit land and ordered the Plaintiff to be the absolute, rightful and bona fide owner of the land.

James Kikechi v Sepstiano Wafula & David Mwecher Chongwony (Civil Case 101 of 2014) [2020] KEELC 2418 (KLR) (27 May 2020) (Judgment)

✦ The plaintiff's claim to 14.8 acres out of the suit land stands or falls on the determination of what happened between 13 October 1968 and 1992. The plaintiff had been in continuous, open, peaceful and exclusive and un-interrupted occupation and possession of the 14.8 acres he purchased from the deceased from 1968 to 1992.

John Ouma Onyango (Suing as the Administrator of the Estate of Onyango Ogutu) v Herbert Ongora Ochieno [2020] KEELC 2041 (KLR)

✦ The Court held that the Defendant was fraudulently registered as a co-owner of the disputed land with the Plaintiff's late father, and that the Defendant unlawfully subdivided the land.

Peter Kitelo Chongeiywo & 10 others (suing as representatives of the Ndorobo/Ogiek Community of Chepkitale, Mt. Elgon) v Attorney General & 4 others; Kenya National Commission on Human Rights (Amicus Curiae) [2020] KEELC 2404 (KLR)

✦ The Petition is referred to the Honourable Chief Justice to empanel a bench of three (3) Judges to hear and determine the matter.

Cosmus Mwangudza v Davis Masha Sirya [2020] KEELC 2339 (KLR)