Kenyan case law
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Ngung’u & another v Gathii (Environment and Land Appeal 11 of 2022) [2023] KEELC 20574 (KLR) (12 October 2023) (Judgment)
✦ The appeal is dismissed with costs to the Respondent.
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Maritim v Malit & 8 others (Environment & Land Case 156 of 2014) [2023] KEELC 22636 (KLR) (12 October 2023) (Ruling)
✦ The court granted a stay of execution pending appeal on condition that the Applicants deposit the sum of Kshs.350,000 in court within 30 days.
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Rombosia v Murunga & 7 others (Environment & Land Case 15 of 2018) [2023] KEELC 20614 (KLR) (12 October 2023) (Judgment)
✦ The court finds that the plaintiff has not discharged his burden of proof and dismisses the suit.
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Njoroge v Njoroge & 2 others (Environment & Land Case E291 of 2021) [2023] KEELC 20693 (KLR) (12 October 2023) (Judgment)
✦ The suit is dismissed, and a declaration is issued that a 1⁄4 share of Dagoretti/ Riruta/ T.286 is owned by the 1st and 2nd Defendants by themselves and in trust for Jane Mweru Kiarii, Catherine Njeri Ndungu, and Christine Wahu Waithaka.
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Mwangi v Karanja (Sued in her capacity as the legal representative of the Estate of Joseph Karanja Mabula) (Environment and Land Appeal 20 of 2020) [2023] KEELC 20617 (KLR) (12 October 2023) (Judgment)
✦ The appeal is dismissed, and the trial court's directions are upheld.
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Mucheru formely Known as Gideon Magu Ngugi v Esbon & another; John (Interested Party) (Environment & Land Case E121 of 2023) [2023] KEELC 20924 (KLR) (12 October 2023) (Ruling)
✦ The application is dismissed with no order as to costs.
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Kiage v Mwangi (Environment and Land Appeal E056 of 2021) [2023] KEELC 20707 (KLR) (12 October 2023) (Judgment)
✦ The appeal is allowed, and the judgment of the Rent Restriction Tribunal is set aside. The Tribunal's decision is declared null and void. The main suit and the counter-claim are struck out for want of jurisdiction. Each party shall bear their own costs.
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Kariuki & another v Njau & another (Environment & Land Case 232 of 2010) [2023] KEELC 20787 (KLR) (12 October 2023) (Ruling)
✦ The 2nd Plaintiff is in disobedience of the court order and is ordered to comply.
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Waitiki v Karanja & 2 others (Environment & Land Case 236 of 2017) [2023] KEELC 20919 (KLR) (12 October 2023) (Order)
✦ The court orders the joinder of M/s Gatundu Nyakinyua Company Limited as a defendant in both the primary suit and the counterclaim, and requires them to tender records and be cross-examined.
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Ocean Engineering Works Limited v SBM Bank Kenya Ltd (Environment & Land Case 112 of 2021) [2023] KEELC 20778 (KLR) (12 October 2023) (Ruling)
✦ The Court dismissed the application.
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Minyaga v Onyino & 2 others (Environment and Land Appeal E021 of 2022) [2023] KEELC 20675 (KLR) (12 October 2023) (Judgment)
✦ The court found that the ownership to the subject land was a tenancy in common with the Appellant and the deceased holding undivided equal shares in the land.
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Mwilu v Muyanga & another (Environment & Land Case E003 of 2021) [2023] KEELC 20726 (KLR) (12 October 2023) (Judgment)
✦ The originating summons is not properly supported by an affidavit, and the court dismisses the application.
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Bentley v Isaac & another (Enviromental and Land Originating Summons E004 of 2022) [2023] KEELC 20680 (KLR) (12 October 2023) (Judgment)
✦ The court finds that the 1st defendant was in breach of the agreement and the plainti was entitled to rescind the agreement and refund the money paid. The 1st defendant was liable to a penalty of 20% of the purchase price. The court orders the 1st defendant to vacate the suit property and the plainti to refund the 1st defendant the payment made by the 1st defendant less 20% of the purchase price for breach of the sale agreement. The 2nd defendant is ordered to release the original title parcel of the suit property to the plainti.
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Mbaka v Mbogo (Environment & Land Case E009 of 2023) [2023] KEELC 20810 (KLR) (12 October 2023) (Ruling)
✦ The court dismissed the application for an interlocutory injunction as the plaintiff failed to establish a prima facie case and failed to demonstrate irreparable injury.
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Community Housing Co-operative Society Ltd v Joseph Kimani Mbugua t/a Kimson Holdings Ltd (Environment & Land Case 2 of 2022) [2023] KEELC 20571 (KLR) (12 October 2023) (Ruling)
✦ Plaintiff is entitled to an interlocutory injunction pending the outcome of the suit
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Kibet v Boinett & 5 others (Environment & Land Case 203 of 2014) [2023] KEELC 22632 (KLR) (12 October 2023) (Ruling)
✦ The application succeeds in part and the court makes the following orders: the estate of Jim Kiptum Choge, the Land Registrar Uasin Gishu County, and the Attorney General be joined in the suit as Defendants; the status quo with regard to the suit property is maintained pending hearing and determination of the suit.
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Law Society of Kenya v Attorney General & 3 others (Environment and Planning Petition 2 of 2023) [2023] KEELC 20682 (KLR) (12 October 2023) (Judgment)
✦ The court found that although the Biosafety Act did not provide that strategic environmental assessment and environmental and social impact assessment reports must be availed before the National Biosafety Authority approved the project, they must be availed. An environmental impact assessment license had to be issued by the National Environment Management Authority before the project could commence.
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Khamis v Ramadhan (Sued on His Own Behalf as Trustee, Mbale Muslim Mosque Committee Vihiga County) & 3 others (Environment & Land Case E001 of 2023) [2023] KEELC 20577 (KLR) (12 October 2023) (Ruling)
✦ The court dismissed the suit as res judicata due to the previous case E001/2020.
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Nasiuma v Kakai (Environment & Land Case 16 of 2018) [2023] KEELC 20599 (KLR) (12 October 2023) (Ruling)
✦ The application is allowed, and the plaintiff is directed to file their amended defense within 7 days of this ruling.
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Okedo v Buluma & another (Environment & Land Case 141 of 2014) [2023] KEELC 20601 (KLR) (12 October 2023) (Judgment)
✦ The 2nd Defendant’s registration as proprietor of the land parcel NO SOUTH TESO/ANGOROMO/1601 is cancelled and the same to be restored to the Plaintiff. The 1st and 2nd Defendants are ordered to meet the Plaintiff’s costs.
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Martha & 2 others v Mwendwa & another (Environment and Land Appeal 6 of 2023) [2023] KEELC 20723 (KLR) (12 October 2023) (Ruling)
✦ The court finds that the preliminary objection is not a true preliminary objection and is not allowed to proceed.
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Republic v Lands Dispute Tribunal Ololunga Division; Nowoi (Exparte Applicant); Ngerechi (Interested Party) (Environment and Land Judicial Review Case 4 of 2018) [2023] KEELC 20596 (KLR) (12 October 2023) (Ruling)
✦ The court dismisses the Notice of Motion Application and orders the Ex-Parte Applicant to serve the Interested Party/Applicant with the substantive Notice of Motion Application dated 7th August, 2009 within seven days.
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Ndengwa v Dandora Juakali Association (Environment & Land Case 89 of 2013) [2023] KEELC 20641 (KLR) (12 October 2023) (Judgment)
✦ The plaintiff's suit was void ab initio as it was mounted against a non-existent legal entity.
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Republic v National Land Commission & 2 others; Eastern Produce Kenya Limited & 4 others (Exparte Applicants) (Judicial Review Application 6 of 2020) [2023] KEELC 20855 (KLR) (12 October 2023) (Judgment)
✦ The amended Notice of Motion Application is meritorious, and the proceedings are null and void.
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Kamau v Mbete & another (Environment and Land Appeal 051 of 2020) [2023] KEELC 20973 (KLR) (12 October 2023) (Judgment)
✦ The Appellant failed to prove her claims of fraud/forgery and ownership of the properties. The 1st Respondent proved her counter-claim and was entitled to the orders sought.