Kenyan case law
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Lemein v Nabaala; Mutiri & 10 others (Interested Parties) (Environment and Land Case Civil Suit E001 of 2021) [2023] KEELC 20353 (KLR) (4 October 2023) (Ruling)
✦ The defendant/respondent is found in contempt of court orders and is ordered to pay a fine of Kshs 200,000/- and be committed to civil jail for sixty days if the fine is not paid within seven days.
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Sea Star Malindi Limited v County Government of Kilifi (Environment & Land Case 47 of 2006) [2023] KEELC 20329 (KLR) (4 October 2023) (Judgment)
✦ The court finds that the plaintiff is entitled to damages in the amount of Kshs. 11,440,521/=.
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M'ngondu v Deputy County Commissioner – Igembe North & 2 others; M’Atheru (Interested Party) (Judicial Review E008 of 2023) [2023] KEELC 20511 (KLR) (4 October 2023) (Ruling)
✦ The court grants leave to institute judicial review proceedings outside the statutory period due to the applicant's constitutional right to fair administrative action.
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Maweu v Daystar Multipurpose Co-operative Society Ltd & another (Environment & Land Case 174 of 2018) [2023] KEELC 20366 (KLR) (4 October 2023) (Judgment)
✦ The court held that the 1st Defendant's registration of the entire suit property in their name was fraudulent to the extent that two acres thereof belonged to the Plaintiff.
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Kamu (Suing as the Legal Representative of the Estate of Martha Mbane - Deceased) v Kakundi & another (Environment & Land Case 8 of 2019) [2023] KEELC 20714 (KLR) (4 October 2023) (Ruling)
✦ The court granted a stay of execution of the judgment delivered on June 29, 2021, pending the hearing of the intended appeal before the Court of Appeal. The court also ordered the Plaintiff to deposit Kshs 200,000/= as security for costs within 21 days from the date of this ruling, and each party to bear its own costs.
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Gatimu & 8 others v Kanyi t/a Kenya Projects Budget & Executive Homes (Environment & Land Case E075 of 2022) [2023] KEELC 20659 (KLR) (4 October 2023) (Ruling)
✦ The court finds that the objection raised by the Defendant/Applicant was properly filed and constitutes matters akin to be determined at the preliminary level.
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Baadad v County Commissioner of Lamu & 3 others; Canistel Limited (Interested Party) (Environment & Land Petition 3 of 2019) [2023] KEELC 20342 (KLR) (4 October 2023) (Ruling)
✦ The application for review is dismissed as the applicant has not shown any error apparent on the face of the record and the issues raised are not new or important matter or evidence.
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Mbithi v Mureithi & 2 others; Nairobi City County (Interested Party) (Environment & Land Case 346 of 2019) [2023] KEELC 20489 (KLR) (4 October 2023) (Ruling)
✦ Defendants’ objections to the production of certain documents are upheld
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Nkoitiko (Suing as the administratix of the Estate of Mutae Ene Nkoitiko (Deceased) v Mangori & 2 others (Environment & Land Case 530 of 2017) [2023] KEELC 20445 (KLR) (4 October 2023) (Judgment)
✦ The suit parcel was registered in the name of the plaintiff on 29/10/2004 and not in the name of her mother. The plaintiff has the burden of proof regarding fraud allegations.
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Mugambi v Mwaita & 3 others; Mart Properties Ltd (Proposed Defendant) (Civil Suit E429 of 2022) [2023] KEELC 20408 (KLR) (4 October 2023) (Ruling)
✦ The Court denies the application to be enjoined to the suit and grants the application to review, vary and/or set aside the injunctive orders issued on 31/05/2023.
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Nyanyuki v Openda & another (Environment and Land Appeal 19 of 2022) [2023] KEELC 20469 (KLR) (4 October 2023) (Judgment)
✦ The appeal is allowed, and the suit is reinstated for hearing and determination.
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Nkirote v The Land Registrar Meru County & 12 others; Mworia (Applicant) (Environment & Land Case E017 of 2021) [2023] KEELC 20505 (KLR) (4 October 2023) (Ruling)
✦ The application is incompetent and dismissed with no order as to costs.
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M’ikiburu v Karea (Environment and Land Appeal E027 of 2022) [2023] KEELC 20374 (KLR) (4 October 2023) (Judgment)
✦ The appeal is struck out with costs to the respondent and the interested parties.
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Okello & 11 others v Leting & another; Sombo (Applicant) (Environment & Land Case 136 of 2015) [2023] KEELC 20495 (KLR) (4 October 2023) (Ruling)
✦ The application is dismissed with costs.
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Alal v Okello & 2 others (Environment & Land Case 4 of 2022) [2023] KEELC 20453 (KLR) (4 October 2023) (Ruling)
✦ The application is allowed in terms of orders 3, 4, and 5 sought therein.
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Gitonga (Suing as the legal representative of the Estate of the Late M'Ithinji M'Mwambia alias Fredrick M'Ithinji – Deceased) v Nkirote & another (Environment & Land Case 172 of 2016) [2023] KEELC 20482 (KLR) (4 October 2023) (Judgment)
✦ The court held that the defendants' transfers of the deceased's half share of the suit land were fraudulent and illegal, and thus invalid. The court ordered the invalidation of the transfer, registration, and issuance of title to the defendants, reversion of the land to the names of the deceased, and the remission of rents accruing from the land with effect from July 2017.
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Amuka v Memba & 3 others (Environment and Land Appeal E003 of 2022) [2023] KEELC 20454 (KLR) (4 October 2023) (Judgment)
✦ The court allows the appeal, sets aside the judgment of the trial court, and reinstates the suit for hearing on merit.
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Andu Akuru A Twiga CBO v Chief Land Registrar; National Land Commission (Interested Party) (Environment & Land Case E013 of 2023) [2023] KEELC 20419 (KLR) (4 October 2023) (Ruling)
✦ The applicant's suit is struck out in its entirety.
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Abdirahman v Radhod & 3 others (Environment & Land Case 145 of 2021) [2023] KEELC 20658 (KLR) (4 October 2023) (Ruling)
✦ The Honorable Court found that the 1st Defendant/Applicant was in disobedience and/or breach of the Injunction orders granted by the Court on 7th March, 2022.
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Kipapei v Kaisa & 3 others (Environment & Land Case 14 of 2021) [2023] KEELC 20442 (KLR) (4 October 2023) (Ruling)
✦ The motion for amendment is granted, and the plaintiff's draft amended plaint is deemed duly filed and served. The motion for maintenance of status quo is denied.
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Mbaabu v Cabinet Secretary in Charge of Lands & 5 others (Judicial Review Application E001 of 2023) [2023] KEELC 20512 (KLR) (4 October 2023) (Judgment)
✦ The court dismissed the application.
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Lubulella & Associates v Kitongi Investments Limited & 2 others (Miscellaneous Application E014 of 2021) [2023] KEELC 20455 (KLR) (4 October 2023) (Ruling)
✦ The court set aside the Taxing Officer's ruling and remitted the bill of costs for re-taxation before a different Taxing Master.
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Republic v County Government of Narok & another; Ochweri (Exparte Applicant) (Environment and Land Judicial Review Case E002 of 2023) [2023] KEELC 20336 (KLR) (4 October 2023) (Judgment)
✦ The notice of motion application is dismissed, and the parties are to resolve the dispute through an ordinary civil suit.
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Murithi v Wakhu & another (Environment and Land Appeal 25 of 2023) [2023] KEELC 20509 (KLR) (4 October 2023) (Ruling)
✦ The application is dismissed with costs as the applicant has inordinately come late and has not demonstrated substantial loss or provided security for the decree.
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Mworia (Suing as the personal representative of the Estate of Francis Ariithi Mworia) v Principal Secretary Ministry of Land, Housing and Urban Development & 3 others (Environment & Land Case 63 of 2015) [2023] KEELC 20456 (KLR) (4 October 2023) (Ruling)
✦ The application to set aside, vary, and vacate the ex parte judgment and proceedings is dismissed.