Kenyan case law

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.

Abraham Yattani Guyo v Qunche Woge [2020] KEELC 2433 (KLR)

✦ The appeal is dismissed, and the judgment of the trial court is upheld.

Joseph Kiprepeli Lotukei v Stephen Toroitich Korkou [2020] KEELC 2185 (KLR)

✦ The plaintiff's suit is dismissed with costs, and the defendant's counterclaim is allowed. The plaintiff shall remove himself from the parcel of land known as West Pokot/ Chepareria/2100 within 45 days and in default be forcibly evicted.

Elizabeth K Esho v Suiyanka Mayune [2020] KEELC 2411 (KLR)

✦ The court finds the application lacks merit and dismisses it with costs, discharging the interim orders.

Naftali Nyangena Ogesi v David Ogega Omwonywa & 2 others [2020] KEELC 2277 (KLR)

✦ The Court held that the Plaintiff does not have locus standi to sue the Defendants.

Consolidated Bank of Kenya Ltd v Monica Wangari Ndungu & 5 others [2020] KEELC 2350 (KLR)

✦ The court allowed the injunction application and stayed the trial court proceedings.

Alfred Juma Wanambisi v Sammy Simiyu Katata & another [2020] KEELC 2176 (KLR)

✦ The court finds that the plaintiff did not own the land parcel No. 44 and that the defendants did not trespass onto the plaintiff's land.

John Githui Gatua v County Government of Turkana & another [2020] KEELC 2183 (KLR)

✦ The court declares that the three plots belong to the estate of the plaintiff's late father and orders the defendants to vacate the plots and stop using them.

Calleb Amboga v Marco Makori Onkware & 2 others [2020] KEELC 2300 (KLR)

✦ The court found that the transaction between the Plaintiff and the Defendants was not a valid land sale agreement but rather a lease agreement. The Plaintiff is the registered owner of the land and the Defendants have not trespassed.

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

Andrew Daniel Mbogo v Excel Mwangi [2020] KEELC 2571 (KLR)

✦ The Court will not strike out the Defendant's Defence and Counterclaim as they raise triable issues and the matter should proceed to full trial.

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

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

John Muriungi Mugwika v Charity Mpinda M’Mugwika [2020] KEELC 2441 (KLR)

✦ The application is allowed with costs to the applicant, and a stay of the orders is granted for a period of 45 days due to the prevailing health circumstances concerning the COVID-19 pandemic.

Agnes Moraa Gichana v Grace Moraa Mogoi [2020] KEELC 2325 (KLR)

✦ The court finds that the Plaintiff has not met the conditions for a temporary injunction and denies the application.

Republic v Governor County of Marsabit & another Exparte Hussein Abdalla Hile & another; Al-Ul Suna Mosque & Madrassa (Interested Party) [2020] KEELC 2439 (KLR)

✦ The court ordered the respondents to consider the application for transfer of land plot no.227 made by Ahmed Ali Hille.

Tomito Tankoi & 9 others v Chief Land Registrar & 4 others [2020] KEELC 2335 (KLR)

✦ Order of injunction issued against respondents from alienating, selling, issuing title deeds within the Shartuka Group Ranch pending the hearing and determination of the petition.

Dama Maitha Ng’ambo & another v Delaco Limited [2020] KEELC 2272 (KLR)

✦ The application is dismissed with costs, and the consent judgment and resultant decree are upheld.

Lucy Wairimu Njogu v Amos Macharia (Environment & Land Case 576 of 2017) [2020] KEELC 2601 (KLR) (19 May 2020) (Ruling)

✦ The Defendant's statement of Defence and Counterclaim should be struck out.

Bernard Mungai Gathimba v Godfrey Osimbo [2020] KEELC 2621 (KLR)

✦ The Defendant's Defence and Counterclaim should not be struck out as they raise triable issues.

Registered Trustees of Redeemed Gospel Church v Umoja Residents Association (Sued through its officials, P.S Kinyanjui (Chairman) Arkipo Onyango (Secretary) and Richard Kavemba (Committee Member)) & another [2020] KEELC 2591 (KLR)

✦ The court held that the plaintiff did not acquire the suit property lawfully and does not hold a valid title over it. The court also found that the defendants did not interfere with the plaintiff's quiet enjoyment of the property. The court dismissed the plaintiff's claims and ordered the defendants to pay the plaintiff's costs.

Okiya Omtatah Okoiti v Kenya Wildlife Service (KWS) & 14 others [2020] KEELC 2536 (KLR)

✦ The petition does not raise a substantial question of law and the application is dismissed with costs.

Patrick Githitu Kariuki v Hottensiah Wambui Hinga & another [2020] KEELC 2584 (KLR)

✦ The court dismissed the plaintiff's claim for specific performance and damages. The court awarded the plaintiff Kshs. 500,000/= as special damages against the 1st defendant. The claim against the 2nd defendant is dismissed. Each party bears its own costs.

Patel Ravji Lalji & another v Tom Owiny [2020] KEELC 2582 (KLR)

✦ The plaintiffs have established a prima facie case of trespass against the defendant and are entitled to a permanent injunction to restrain the defendant from interfering with their peaceful occupation of the suit property.

Mohamud Iltarakwa Kochale & 5 others v Lake Turkana Wind Power Ltd & 4 others; Aaron Iltele Lesiantam & 4 others (Interested Parties) (as representatives of the residents of Loiyangalani District, Marsabit County) [2020] KEELC 3966 (KLR)

✦ The application is certified urgent and the 2nd defendant's replying affidavit is readmitted on record. The proceedings are stayed pending the hearing and determination of the Notice of Motion.

Samuel Ngigi Gituere v Boniface Karogo (Environment & Land Case 574 of 2017) [2020] KEELC 2619 (KLR) (18 May 2020) (Ruling)

✦ The Defendant's statement of Defence and Counterclaim should be struck off.