Kenyan case law
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Nchue & another v Sondai (Environment & Land Miscellaneous Case E015 of 2023) [2023] KEELC 20892 (KLR) (19 October 2023) (Ruling)
✦ The application is dismissed with no orders as to costs.
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Gateru & another v Njeri (Sued as the legal representative and administrator of the Estate of the Late Elijah Murimi) (Environment and Land Appeal E033 of 2021) [2023] KEELC 20857 (KLR) (19 October 2023) (Judgment)
✦ The Appeal is dismissed with costs to the Respondent
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Family Welfare Organization & another v Karanja & 5 others (Environment and Land Appeal E17 of 2022) [2023] KEELC 20858 (KLR) (19 October 2023) (Judgment)
✦ The appeal is dismissed with costs to the Respondents
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Muhia & 2 others (Legal Representatives of the Estate of Njiraini Muhia- Deceased) v Ngugi (Environment and Land Appeal E023 of 2022) [2023] KEELC 20800 (KLR) (19 October 2023) (Judgment)
✦ The Court dismissed the appellants' suit and allowed the respondent's counter-claim. The agreement dated 28th March 1987 did not make provisions for refund.
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Mungai v Ngunya & 3 others (Environment & Land Miscellaneous Case E219 of 2021) [2023] KEELC 20842 (KLR) (19 October 2023) (Ruling)
✦ The court granted the temporary injunction and mandatory injunction.
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Kioko & 3 others v Musya & 3 others (Being sued jointly In their capacity as trustees of Ukai Self-Help Group) (Environment and Land Appeal 10 of 2021) [2023] KEELC 20772 (KLR) (19 October 2023) (Judgment)
✦ The court held that the Trial Learned Magistrate erred in law and fact by calling for evidence on Preliminary Objection based on a pure point of law and by disregarding the fact that there has been no conclusive decision determining the Rights of the parties with respect to all that property known as Lamu/ Lake Kenyatta1/ 753.
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Orwongo v Moving Atlantic Limited (Environment & Land Case E073 of 2022) [2023] KEELC 20901 (KLR) (19 October 2023) (Ruling)
✦ The court dismissed the preliminary objection and granted an injunction restraining the defendant from gaining entry into, taking possession of, or interfering with the suit land.
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Kemnitz v Muthoni alias Elizabeth Karimba (Environment & Land Case E023 of 2023) [2023] KEELC 22613 (KLR) (19 October 2023) (Ruling)
✦ The court finds that the Plainti/Applicant has established a prima facie case with a probability of success at the trial.
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Kinyanjui & 2 others v Kamau & 2 others; Javisapa Enterprises Limited (Interested Party) (Environment & Land Case E060 of 2022) [2023] KEELC 20797 (KLR) (19 October 2023) (Ruling)
✦ The Court denied the Plaintiffs' application for an order directing the DCI to conduct a forensic examination of the 1st Defendant's signature(s) on the land transaction documents.
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Gitere v Gitere Kahura Investments Limited & 3 others (Environment & Land Case E049 of 2022) [2023] KEELC 20838 (KLR) (19 October 2023) (Ruling)
✦ The Court dismissed the application, finding that the suit should be struck out due to lack of jurisdiction and that the doctrine of res judicata applies.
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Murei v Kapkiyai (Environment & Land Case E001 of 2021) [2023] KEELC 20768 (KLR) (19 October 2023) (Judgment)
✦ The court finds in favor of the Plaintiff, Joseph Kipkur Gat Murei, on all claims.
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Rugut & 2 others v National Environment Management Authority & 4 others (Constitutional Petition 3 of 2019) [2023] KEELC 20912 (KLR) (19 October 2023) (Judgment)
✦ The Petitioners’ Petition was not pleaded with reasonable precision and lacks merit.
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Obengo v Mugo & 4 others (Environment and Land Case Civil Suit 3 of 2019) [2023] KEELC 20916 (KLR) (19 October 2023) (Ruling)
✦ The court granted the stay of execution pending appeal.
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M’CM v HM & another (Environment and Land Appeal E035 of 2022) [2023] KEELC 20765 (KLR) (19 October 2023) (Ruling)
✦ The court denied the application for stay of execution pending appeal due to undue delay and lack of substantial loss to the applicant.
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Nteka v Sokoiyuni (Environment & Land Case 801 of 2017) [2023] KEELC 20852 (KLR) (19 October 2023) (Judgment)
✦ The Defendant was registered as the proprietor of the suit land in trust for himself and the Plainti. The land should be resurveyed and shared equally between the Plainti and the Defendant.
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Muthaiga North Residents’ Association & another v Countryside Villas Limited & 2 others; National Land Commission (Interested Party) (Environment & Land Petition E037 of 2022) [2023] KEELC 21007 (KLR) (19 October 2023) (Judgment)
✦ The court found that the suit property was indeed public land and was surrendered to the government as a pre-condition for approval of change of user and issuance of a new grant. The court also found that the claim is not time-barred.
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Theuri v Kamau (Environment & Land Case 123 of 2016) [2023] KEELC 21034 (KLR) (19 October 2023) (Judgment)
✦ The defendant is the lawful owner of the suit property.
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Menya (Suing as the Agent of Jashon Albert Menya) v Guya (Sued as the Administrator of the Estate of the Late Omilo Guya) (Environment & Land Case E010 of 2023) [2023] KEELC 21244 (KLR) (19 October 2023) (Ruling)
✦ The plaintiff's notice of motion is dismissed. The court finds the plaintiff's notice of motion without merit.
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Odongo v Oyunga (Environment & Land Case 168 of 2008) [2023] KEELC 20820 (KLR) (19 October 2023) (Ruling)
✦ The suit is dismissed
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Gilgil Cultural Association & another (Suing Through its Officials) Harrison Waweru Nganga) v Naivasha Land Registrar & 6 others (Environment & Land Case 444 of 2016 & 165 of 2019 (Consolidated)) [2023] KEELC 21026 (KLR) (19 October 2023) (Ruling)
✦ The court dismissed the application for stay of execution as the applicants did not establish sufficient cause and did not meet the three conditions required by Order 42 Rule 6 of the Civil Procedure Rules.
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Ruenji v Omwenga & 2 others (Environment & Land Case 609 of 2014) [2023] KEELC 20933 (KLR) (19 October 2023) (Ruling)
✦ The application is dismissed with costs to the plaintiff
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Nduati (Suing for and on behalf of Christian Church International (CCI) v Ndungu (Environment & Land Case E013 of 2023) [2023] KEELC 20817 (KLR) (19 October 2023) (Ruling)
✦ The Court dismisses the Notice of Preliminary Objection as not being a pure point of law and finds it merited.
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Gichimu v Primeland Holdings (K) Limited (Environment & Land Case 1107 of 2016) [2023] KEELC 20854 (KLR) (19 October 2023) (Judgment)
✦ The court finds that the defendant should facilitate the transfer of the suit property in favor of the plaintiff and that the plaintiff is not being denied access through the surrendered plots.
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Yegon v Rono (Environment & Land Case 5 of 2016) [2023] KEELC 20880 (KLR) (19 October 2023) (Ruling)
✦ The court found that the firm of M/S Bor & Company Advocates did not properly come on record and ordered an order of stay of execution.
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Kibor v Jepchirchir; Jepchirchir & another (Interested Parties) (Environment & Land Case 21 of 2022) [2023] KEELC 20988 (KLR) (19 October 2023) (Judgment)
✦ The Court finds that the refund made by the Plainti's brother on behalf of the Plainti's brother constituted a contract for the purchase of the land, and the Plainti's interest in the land was extinguished.