Kenyan case law

Anne Wanjiru Gichuru & 7 others v Board Management Mbegi Primary school & 2 others [2020] KEELC 2923 (KLR)

✦ The petition is dismissed as the constitutional jurisdiction has not been properly invoked.

Elizabeth Savala v Hezekiah Kirahi Liyosi & another [2020] KEELC 14 (KLR)

Alice Mutuli Kola v Hanningtone Ambatisi & another [2020] KEELC 25 (KLR)

✦ The court finds in favor of the plaintiff, ordering the defendants to vacate the land and granting a permanent injunction.

Republic v Deputy County Commissioner Buuri East, Meru County & 2 Others; Ex – Parte: Sham Satish Kundalal Wason; Isaac Ngeera & 3 Others ( Interested Parties) [2020] KEELC 2920 (KLR)

✦ Leave is granted to apply for an order of certiorari to remove into the Environment and Land Court and quash the entire undated decision and award by the 1st respondent.

Amboye Danstone Mukami v Luka Peter Kubai Amboye [2020] KEELC 30 (KLR)

✦ The defendant has a beneficial interest in the land as it is ancestral land and he has raised an objection in Succession Cause No. 584 of 2012. The plaintiff's claim is dismissed.

Margaret Wambui Kamau (Suing as the legal representative of the estate of John Kamau Kibue) v Jane Ngendo Mwaura & another [2020] KEELC 2935 (KLR)

✦ The plaintiff's case against the defendants is dismissed with costs, and the plaintiff is ordered to vacate the parcel of land and hand vacant possession to the 2nd defendant within 90 days.

Lucia Wangeshi Kamau v Jared Rodrick Nyaundi & 2 others [2020] KEELC 2933 (KLR)

✦ The applicant has a valid and legal interest in the suit properties but is not entitled to be enjoined as a plaintiff.

Manoah Likhanga Mukasiali v Benson Lumumba Imbali [2020] KEELC 16 (KLR)

✦ The defendant is restrained from entering and tilling the plaintiff's land, and the plaintiff is awarded costs of the suit.

Johnson Kipmutai Cheruiyot v Oliver Kipmutai & 4 others [2020] KEELC 2984 (KLR)

✦ The plaintiff's motion for contempt is dismissed with costs to the 4th defendant as the court order the defendant is alleged to have disobeyed was vacated and dismissed on November 20, 2018.

David Nthiga v Thenderu Mbare [2020] KEELC 2066 (KLR)

✦ The appeal is allowed, and the judgement and decree of the trial court are set aside. The suit shall be heard de novo before any competent court.

Kipngochoch Farm Co Limited v Obadiah K Kipkorir & 5 others [2020] KEELC 2964 (KLR)

✦ The court dismisses the defendants' preliminary objection based on the statute of limitations, finding that the plaintiff's claims are not barred by the Limitations of Actions Act.

Mwanganza L.P.O Self-Help Group v Attorney General & 3 others [2020] KEELC 2931 (KLR)

✦ The court strikes out the petition as the petitioner is not an entity capable of instituting an action in its own name.

Joe Nyawanga Oyieke & 5 others v Land Registrar - Kisumu, Nyando, Muhoroni and Nyakach; Leonard Omondi (Interested Party) [2020] KEELC 2245 (KLR)

✦ The petition is merited and the court grants the following prayers: a Declaration that the National Lands Commission lacked jurisdiction, an order of Certiorari quashing the National Land Commission's recommendation, and an order of Certiorari quashing the gazette notice.

M/s Flavemart Enterprise Limited v Kenya Railways Corporation [2020] KEELC 2967 (KLR)

✦ The application for stay is dismissed as there is no appeal before the court due to failure to comply with the notice of appeal rules.

Peter Kalerwa Luta & another v Wycliffe Omoto Alusala & another [2020] KEELC 38 (KLR)

✦ The application for leave to amend the plaint is granted.

David Ngige Thuku & 2 others v Maria Waithera Maara & 3 others [2020] KEELC 2939 (KLR)

✦ The plaintiffs' claim and the defendants' counterclaim are struck out for being res judicata.

Saidi Okanya Athumani Suing as Personal Representative & Administrator of Estate of Rukia Osman Okanya on His Own Behalf As Beneficiary of Said Estate v Bonface Nyongesa O Wawire [2020] KEELC 29 (KLR)

✦ The court finds in favor of the applicant, confirming that the applicant has acquired title to the land through adverse possession and that the applicant is entitled to register the land in her name as administrator of the deceased's estate.

Eastmore School Limited & another v Faulu Microfinance Bank Limited & another [2020] KEELC 2978 (KLR)

✦ The application for an interlocutory injunction is dismissed as no prima facie case has been established.

In re Kims Poultry Farm Ltd [2020] KEELC 2851 (KLR)

✦ The company was properly registered and the 2006 land purchase was valid.

Anthony Sisa Mbakaya v Patrick Maikula [2020] KEELC 9 (KLR)

✦ The plaintiff's application is dismissed as it lacks merit and is an abuse of the court's process

Beneah Keta v Benard O. Ngeri [2020] KEELC 4 (KLR)

✦ The court dismisses the plaintiff's claim for specific performance and finds that the defendant's title to the land is indefeasible.

Mumias Teachers Housing Co-operative Society Ltd v Onyo Waziri [2020] KEELC 57 (KLR)

✦ The application is dismissed. The court finds the defendants are not culpable and the proposed defendants are not jointly and severally liable under the doctrine of misrepresentation. The court also finds the government was not negligent in issuing the applicant with a title deed and is not guilty of misrepresentation.

Kitiyo & another v Mwoi & 2 others (Land Case 184 of 2016) [2020] KEELC 2145 (KLR) (30 April 2020) (Ruling)

✦ Application dismissed with no orders as to costs.

Priscilla Muhonja v Hesbon Jahonja [2020] KEELC 13 (KLR)

✦ The application for a stay of execution pending the appeal is dismissed.

Benson Muthoka Kimeu & another v Harrison Munyoki Kituu & 5 others [2020] KEELC 2616 (KLR)

✦ The court upholds the 1st Defendant/Applicant's application to refer the matter to the Lands Registrar Makueni for determination and implementation of the correct physical boundaries.