Kenyan case law

Munyila Kilonzo v Wambua Mutiku & another [2021] KEELC 2403 (KLR)

✦ The application has no merits and is dismissed with costs.

Joash Winyo Ongayo v Mary Adhiambo Ong’idi & 2 others [2021] KEELC 2151 (KLR)

✦ The Plaintiff is the legal and registered owner of the land and is entitled to a permanent injunction restraining the Defendants from remaining on and/or entering the Plaintiff's parcel of land.

Republic v Nairobi City County Government Ex parte Kenol Kobil PLC [2021] KEELC 2378 (KLR)

✦ The court finds merit in the application and grants the orders sought.

Mathew Owuor Dim & 6 others v Attorney General & 7 others [2021] KEELC 2343 (KLR)

✦ A conservatory order and temporary injunction were granted to prevent respondents from interfering with River Awach and encroaching on the land.

John Kipkorir Ruto (Suing as the legal representative of the estate of Kpruto Arap Maina) v Agnes Cherop Towett (Sued as the legal representative of the estate of John Towett Mosonik) [2021] KEELC 2393 (KLR)

✦ The Plaintiff's suit is not time-barred as the fraud was discovered in 2017, and the period of limitation does not begin to run until the Plaintiff discovers the fraud.

Esther Muthoni Mwangi v Samuel Maina Njaria [2021] KEELC 2288 (KLR)

✦ The Preliminary Objection is not merited and is dismissed.

Rajendra Sanghani & another (Both Suing in their Capacities as Administrators of the Estate of Ratilal Gordhandas Sanghani) v Fairmile Investments Limited & another [2021] KEELC 2384 (KLR)

✦ The court held that the plaintiffs are entitled to the reliefs sought in the plaint.

Josphat Mwambili Mwakau v Ruth M. Ambaisi & 2 others [2021] KEELC 2037 (KLR)

✦ The application is dismissed.

Benard Nyamanya Mogaka & 2 others v Peter Momanyi Kebati & another; D.C.I Kisii (Interested Party) [2021] KEELC 2261 (KLR)

✦ The Applicant is not entitled to the orders sought as the Environment and Land Court has no supervisory jurisdiction over subordinate courts or other quasi-judicial bodies, particularly in the exercise of their criminal mandate.

Republic v Land Registrar, Rachuonyo East, South and North Sub Counties Ex Parte Otieno Kennedy Tindi [2021] KEELC 2325 (KLR)

Cyrus Komo Chege v Peter Ndaiwa Njoroge & 4 others; Ruth Wanjiku Kamau (Interested party) [2021] KEELC 2284 (KLR)

✦ The Plaintiff's claim is partially merited and allowed in terms of prayers b, d and e. The Defendants' counter claims are dismissed entirely with costs to the Plaintiff.

John Ochieng Maricus v County Government of Migori & 2 others; Mwembe & Mwembe Associates & another (Interested Parties) [2021] KEELC 2379 (KLR)

✦ The application is dismissed with costs.

Brookshell Limited & another v County Government of Kwale & 3 others; Suleiman Ali Mwadgugwe & 2 others (Interested Parties) [2021] KEELC 2044 (KLR)

✦ The court partially allowed the petition, granting a temporary injunction and restraining the respondents and interested parties from interfering with the suit properties pending the determination of the case.

Beja Ngoja Mwero v Land Registrar Kwale & 2 others; Genga Jeffa & 15 others (Interested parties) [2021] KEELC 2008 (KLR)

✦ The application is dismissed with costs to the 7th interested party

Menelik House Limited v Francis Odumbe Osodo [2021] KEELC 2365 (KLR)

✦ The Originating Summons and Notice of Motion are an abuse of the court process and are struck out with costs to the defendant.

Sylvester Nthenge v Johnstone Kiamba Kiswili [2021] KEELC 2424 (KLR)

✦ The court grants the stay of execution of the previous judgment and order costs on the condition that the Appellant/Applicant provides security for costs as ordered.

Johnson Nyamatari Nchore v Mary Aure [2021] KEELC 2368 (KLR)

✦ The court finds that the plaintiff has established his claim against the defendant on a balance of probabilities and enters judgment in his favor against the defendant.

Kenia Realty Limited v Salome Wairimu Miano & 3 others [2021] KEELC 2360 (KLR)

✦ The Preliminary Objection is dismissed with costs to the Applicant

Abdala Ali Abdulraham v Ministry of Lands, Planning, Housing, Mombasa County & 5 others; Mahmood Haiderlu Khimji & another (Interested Parties/Applicants) [2021] KEELC 2041 (KLR)

✦ The court found that the orders were not capable of being disobeyed and that the respondents were not served with the orders.

Republic v District Criminal Investigation Officer Rongo & 3 others Ex parte Applicant; Philip Odero Makabongo (Interested Party) [2021] KEELC 2324 (KLR)

✦ The court dismissed the preliminary objections.

Kimunu Kanu v Virginia Wangui Maina & another [2021] KEELC 2327 (KLR)

✦ The application is dismissed. The costs do abide the outcome of the main suit.

MWK v PKI [2021] KEELC 2377 (KLR)

✦ The Court finds no legal basis to entertain the suit and dismisses the application to transfer it to the High Court.

Samuel Lubanga v Benard Ouma Ogur [2021] KEELC 2326 (KLR)

✦ The court grants the appellant's appeal and orders the transfer of the suit land to the appellant, awards costs, and sets aside the trial court's judgment.

Stephen Wakhu, John Muyobi Ondwasi & Abraham Ondwasi v George Alfred Chituyi [2021] KEELC 2281 (KLR)

✦ The court grants the appellants' application for leave to appeal out of time and orders a stay of execution pending the appeal.

Kenneth Ngure Mwaura & another v Rubis Energy Kenya & 2 others [2021] KEELC 2241 (KLR)

✦ The Court dismissed the Petitioners' Petition and Application, finding that the 3rd Respondent has complied with relevant laws and regulations.