Kenyan case law

Kenya Anti-Corruption Commission v Peter Okongo Oyoo & another [2019] KEELC 2708 (KLR)

✦ The court finds the lease issued by the 2nd Defendant over the suit property was null and void ab initio, and the Plaintiff is victorious in most of the prayers.

Republic v Chairman Provincial Land Disputes Tribunal Committee & 2 others Ex-Parte Ledama Lelei [2019] KEELC 1898 (KLR)

✦ The application is dismissed with costs to the 3rd Respondent.

Dickson Muigai Gakuna v Attorney General & 3 others [2019] KEELC 1914 (KLR)

✦ The Tribunal and the Magistrate's Court violated the petitioner's constitutional rights to property and fair administrative action.

Roch Oburu Odhiambo v Migori County Government & another [2019] KEELC 1848 (KLR)

✦ The court found that the plaintiff met the prima facie level of his case and demonstrated irreparable injury, but decided not to grant a temporary injunction. Instead, it ordered the parties to maintain the status quo in respect of the suit property pending the hearing and determination of the suit.

Charles Okongo v Maurice Odongo Ayugi [2019] KEELC 2705 (KLR)

✦ The Plaintiff is declared the owner of land parcel Kisumu/Dago/740

Millicent Perpetua Atieno Wandiga v Vinit Sureshbhai Patel & 3 others [2019] KEELC 2670 (KLR)

✦ The Plaintiff's claims are upheld, and the Defendants are ordered to recall, cancel, and revoke the title deeds issued to them. The land records are to be rectified, and the Plaintiff is to be declared the rightful owner. The house constructed illegally on the land is to be demolished, and an eviction order is to be issued against the 1st and 2nd Defendants.

Priska Anyango Ojuang’ & another v Henry Ojwang’ Nyabende [2019] KEELC 2719 (KLR)

✦ The judgment by the District Land Disputes Tribunal Case No. SYA/521/98 and its adoption in Siaya SRM Civil Suit No. 160 of 1999 are declared null and void.

Rift Valley Water Services Board & another v Prakash Shah & 2 others [2019] KEELC 1923 (KLR)

✦ The applicant, being the head lessor of the suit land and the head owner of the land, has an interest in the subject matter of the case and is thus an interested party that should be joined.

Lynstone Sachiel Ambundo v Harrison Ommumia Shiundu & another [2019] KEELC 2500 (KLR)

✦ The application is dismissed with costs.

Charles Liyokho v Martine Ngaira Liyokho & another [2019] KEELC 2565 (KLR)

✦ The High Court Environment and Land Court has jurisdiction to hear the matter subject to pecuniary jurisdiction. The application is dismissed with costs.

David Onyango Okwach & 4 others v Andericus Otuoma Opolo [2019] KEELC 1859 (KLR)

✦ The court finds that the plaintiffs have proved their case on a balance of probabilities and enters judgment in their favor for declaratory orders, a permanent injunction, and costs.

Ahmed Osman Bachani v Hellen Naserian Matu & 8 others [2019] KEELC 2627 (KLR)

✦ The court declines to grant the orders sought in the Originating Summons dated 5/2/2013.

Annah Kimitei v James Kiprop Mitei & 6 others [2019] KEELC 2639 (KLR)

✦ The court orders were not obtained by concealment and are not to be set aside. The plaintiff is restrained from evicting the 1st defendant or interfering with his use of the suit parcel until the suit is heard and determined.

John Sukwe Otieno v Benjamin Jakoyo Okita [2019] KEELC 2673 (KLR)

✦ The Court finds the Respondent in contempt of Court and commits him to jail for a term not exceeding six (6) months.

Mary Waithera Muiruri v Kuria Nganga [2019] KEELC 2064 (KLR)

✦ Application for stay of execution pending appeal dismissed

Peter Githinji Kamau v William Cheruiyot Rotich [2019] KEELC 2032 (KLR)

✦ The plaintiff is declared the sole owner of the suit land and is entitled to exclusive use and possession. The defendant is barred from entering, being upon, cultivating, or interfering with the plaintiff's use and possession of the land. The defendant is ordered to vacate the land within 30 days and pay general damages for trespass.

Victoria Naiyanoi Kiminta v Gladys Kiminta Prinsloo [2019] KEELC 2600 (KLR)

Joseph Blame Amuye Mumbu v James Malemba Anzetse [2019] KEELC 2570 (KLR)

✦ The court orders a permanent injunction restraining the defendant from trespassing and interfering with the plaintiff's land. The court also orders Ksh. 101,132/= in general damages and costs to the plaintiff.

Marion Njeri Macharia (Suing as legal representative of the estate of John Macharia Mwangi v Silibwet Primary School Board of Management & 3 others [2019] KEELC 2711 (KLR)

✦ The court set aside the judgment of October 4, 2018, and ordered the matter to be reinstated for hearing.

David Kariuki Mathenge v Mary Gathoni Gathuo [2019] KEELC 2676 (KLR)

✦ The suit is sub judice and is hereby stayed pending the hearing and determination of the appeal in Nakuru HCCA 168 of 2012 now Nyahururu ELCA No 8 of 2018.

Edwin Shisia Osundwa v Martin Odinga Walucho [2019] KEELC 2547 (KLR)

✦ The court ordered the defendant to vacate the land and restrain them from remaining on it.

County Government of Kakamega v Thomas Munika Mukunga & another [2019] KEELC 2575 (KLR)

✦ The application is dismissed. The court finds that the applicant has not shown a prima facie case with a probability of success and has not shown that they will suffer irreparable injury that cannot be adequately compensated by an award of damages.

Joseph Kingori Gikonyo v Sumac Microfinance Bank [2019] KEELC 2508 (KLR)

✦ The court granted the application and ordered a stay of sale of the land pending the hearing and determination of the application.

Rispa Aludo Ochieng v Joshua Omondi Magere & 2 others [2019] KEELC 1865 (KLR)

✦ The court finds that the plaintiff is the registered owner of the suit land and that the defendants have trespassed upon it.

Isaac Pere v Timina Lekeni Osio [2019] KEELC 2733 (KLR)

✦ The appeal is dismissed with costs as the respondent had paid the full purchase price and the contract was fully consummated.