Kenyan case law

Julius Kailikia Laaru v Peter Kaigera Laaru [2020] KEELC 2417 (KLR)

✦ The court held that the appellant had not proved his case on a balance of probabilities and that the respondent’s defence was plausible.

Republic v National Land Commission & 2 others Ex Parte Almer Farm Limited [2020] KEELC 2205 (KLR)

✦ The application for cross-examination is dismissed as it falls short of the requirements and is not the norm in judicial review proceedings.

Mary Theresa Ole Pere & another v Pama Estate Ltd & another [2020] KEELC 2540 (KLR)

✦ The Plaintiffs' application for leave to amend their pleadings is granted. The Court finds the amendment necessary for the determination of the real question in controversy. The Defendants are granted leave to amend their defence if necessary.

Isaiah Miriti v Igeme District Land Adjudication and Settlement Officer & another; Joseph Mwenda Malebe & 3 others (Interested parties) [2020] KEELC 2403 (KLR)

✦ The court awarded costs only to the 4th interested party who filed the preliminary objection.

Peter Bita Morwabe v Stephen Nyabuto Mwata & another [2020] KEELC 2302 (KLR)

✦ The interlocutory judgment is set aside, and the 2nd Defendant is granted leave to file a defence.

Kevin Moindi Nyakango & 4 others v Simon Omanwa Osoro & another [2020] KEELC 2526 (KLR)

✦ The plaintiffs are not entitled to the reliefs sought in the originating summons and should vacate and deliver vacant possession of land parcel Central Kitutu/Mwabundusi/804 to the 1st defendant within 60 days.

Rebecca Kakuko Joshua v Emmanuel Tinjaa Lokiletum [2020] KEELC 2189 (KLR)

✦ The court declared the agreement between the plaintiff and the defendant null and void due to lack of Land Control Board consent and ordered the defendant to vacate the land.

Peter Odhiambo Oloo v School Management Committee Magwar Primary School & another [2020] KEELC 2231 (KLR)

✦ The petition is dismissed with costs to the respondents.

Charles Nyabengi Motende & 4 others v Oneko Mang’ong’o s/o Mang’ong’o (Deceased) & 6 others [2020] KEELC 2274 (KLR)

✦ The court upholds the preliminary objection and strikes out the Plaintiffs' suit with costs to the Defendants.

Ayub Muthuri Ikiara v County Government of Meru [2020] KEELC 2345 (KLR)

✦ The applicant cannot execute against the defendant in these proceedings. Recourse lies in Judicial review proceedings. The application is allowed but the applicant is condemned to pay costs.

Anne Moraa Michira v Peterson Manyega Michira & another [2020] KEELC 2506 (KLR)

✦ The court determined that the registration of Ambrose Muchira Misaro as the owner of the suit land on 16th January 1986 was not valid or lawful due to the existence of a charge in favour of the Settlement Fund Trustees (SFT). The court also found that the plaintiff's late husband's transfer to her was not valid.

Mogusu Okwogo v Nyakundi Momanyi [2020] KEELC 2317 (KLR)

✦ The Appellant proved that the Respondent acquired title to the suit land fraudulently.

Lilian Gaceri Mwenda v District Land Adjudication & Settlement Officer Tigania East Sub-County;Ken Kiambi Ciciuna & another (Interested Parties) [2020] KEELC 2430 (KLR)

✦ The application is dismissed as it was filed outside the given statutory time limit.

Joel Kiprono Mutai v County Government of Kericho & another [2020] KEELC 2374 (KLR)

✦ The court found that the respondents violated the petitioner's constitutional and statutory rights by widening the road on his land without notice or compensation.

Alexander Kipngetich Sitieny v Japheth Kiplangat Mutai; Andrew Cheruiyot Rotich & 3 others (Third Parties) [2020] KEELC 2542 (KLR)

✦ The application is dismissed with costs as the defendant's replying affidavit denied all material issues raised in the application.

Daniel Mwita Nyaisuti v Mwita Ragita & another [2020] KEELC 2237 (KLR)

✦ The plaintiff's suit is premature and unfounded. The suit is struck out with costs to the defendants.

Daniel David Momanyi Nyarangi v Priscah Misati Ratemo & 3 others [2020] KEELC 2459 (KLR)

✦ The plaintiff's claim is dismissed, and the costs of the suit are awarded to the defendants.

Miriti Nchooro v M’ M’ithea M’imathu [2020] KEELC 2347 (KLR)

✦ The application is dismissed, and the status quo orders are vacated.

Francis Kaai M’ Rintura & another v Samson Mworia Rukwaru [2020] KEELC 2444 (KLR)

Rachel Ondieki Omariba & another v Teresa Onwonga & 3 others [2020] KEELC 2332 (KLR)

✦ The court dismisses the application and finds no merit in it.

Lantei Kiko Sokorte & another v Cheptumo Ayabei & 2 others [2020] KEELC 2566 (KLR)

✦ The 1st Defendant is the absolute proprietor of land parcel number Kajiado/Kipeto/4917 and is entitled to protection of the land in accordance with the provisions of section 24, 25 and 26 of the Land Registration Act.

Monica Kajuju & another v Principal Seceretary Ministry of Interior & Coordination of National Government & another [2020] KEELC 2427 (KLR)

✦ A Judicial Review order of mandamus is issued against the respondents compelling them to comply with the court decree dated 13/6/2012 issued in Nkubu PMCC No. 88 of 2007.

Adriano Ngetu & 2 others v John Kanyuithia Mutunga [2020] KEELC 2377 (KLR)

✦ The court grants the application for a temporary injunction to restrain the respondent from demolishing Mwanika Borehole pending the hearing and determination of the petition.

Marina Ncece Mohammed v Micubu Karugui & Another [2020] KEELC 2419 (KLR)

✦ The application is dismissed with costs.

Margaret Muthoni Njoroge v Housing Finance Company Limited & another [2020] KEELC 2312 (KLR)

✦ The court dismisses the application for injunction, finding no merit in it and that the law is not on the plaintiff's side.