Kenyan case law
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Koech v Koech & 3 others; Jepkorir (Applicant) (Environment & Land Case 15 of 2022) [2023] KEELC 20340 (KLR) (28 September 2023) (Ruling)
✦ The application is dismissed as the applicant lacks locus standi to initiate the substitution application and revival of the suit that had been dismissed for want of prosecution.
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Sian & another v Sian & 2 others (Environment and Land Case Civil Suit 6 of 2019) [2023] KEELC 20432 (KLR) (28 September 2023) (Judgment)
✦ The 1st defendant did not acquire the suit property lawfully.
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Republic v Kisii County Land Registrar & another; SBM Bank (Kenya) Limited (Exparte); Kebisa & another (Interested Parties) (Miscellaneous Application 1 of 2020) [2023] KEELC 20276 (KLR) (28 September 2023) (Judgment)
✦ The court quashes the reissued title deed and the new Green Card, and orders the Land Registrar to reconstruct the Green Card with documents provided by the ex parte applicant.
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Matus & another v National Environment Management Authority & another (Environment and Land Appeal E103 of 2022) [2023] KEELC 20468 (KLR) (28 September 2023) (Judgment)
✦ The Appeal is allowed and the ruling delivered on 28th September, 2022 by the Tribunal is hereby set aside. The Tribunal is directed to consider the Appellants' Appeal lodged on 22nd December, 2021 and amended on 11th January, 2022.
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Republic v Land Registrar – Busia County & another; Mbingi (Interested Party); Egesa (Exparte Applicant) (Environment and Land Judicial Review Case E002 of 2022) [2023] KEELC 20078 (KLR) (28 September 2023) (Judgment)
✦ The application is dismissed with costs to the Respondents and Interested Party.
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Mleghwa & another (Suing as the legal representatives and administrators of the Estate of Samuel Mbogho Mshila) v Duwe (Appeal E008 of 2023) [2023] KEELC 20099 (KLR) (28 September 2023) (Ruling)
✦ The appeal is dismissed with costs as not arguable and frivolous
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Koech v Koech; Too (Objector) (Environment & Land Case 22 of 2015) [2023] KEELC 20274 (KLR) (28 September 2023) (Ruling)
✦ The court is functus ocio and lacks jurisdiction to reopen the trial.
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Kwengu & Company Advocates v Raja (Environment and Land Civil Miscellaneous Application 94 of 2017) [2023] KEELC 20377 (KLR) (28 September 2023) (Ruling)
✦ The court found that the Taxing Officer did not err in principle in assessing the Advocate's costs and that the court lacks jurisdiction to re-hear the issue of service.
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Wahome v Maina (Environment and Land Appeal E015 of 2022) [2023] KEELC 20130 (KLR) (28 September 2023) (Ruling)
✦ The court dismissed the respondent's application and upheld the orders issued on November 3, 2022.
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Rotich v Chepkoskei & 3 others (Environment & Land Case 52 of 2019) [2023] KEELC 20254 (KLR) (28 September 2023) (Judgment)
✦ The court held that the Plaintiff's claim of adverse possession was not valid due to the Defendants' prior occupation and the land's subdivision.
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Anyona v Oduor & another (Environment and Land Appeal E010 of 2022) [2023] KEELC 20165 (KLR) (28 September 2023) (Ruling)
✦ The court dismissed the respondents' motion as the respondents did not meet the legal threshold to set aside the judgment.
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Kipkemei v Cheptalam & 6 others (Environment & Land Case 37 of 2022) [2023] KEELC 20499 (KLR) (28 September 2023) (Judgment)
✦ The plaintiff, as the registered proprietor of the suit property, is entitled to the rights of a registered proprietor of land provided for under Section 24 of the Land Registration Act, 2012 and Section 24 of the Registered Land Act, Cap 300 Laws of Kenya (now repealed). The defendants should be evicted from the suit property and permanently restrained from trespassing into the suit property.
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Muiruri v Murigi & 4 others (Environment & Land Case 140 of 2016) [2023] KEELC 20441 (KLR) (28 September 2023) (Judgment)
✦ The court held that the land belongs to the third defendant and the plaintiff's title is invalid.
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Mwaniki ((Deceased) Substituted with Jane Wanjiru Kibe) v Kahiga & 2 others (Environment & Land Case 116 of 2013) [2023] KEELC 20137 (KLR) (28 September 2023) (Ruling)
✦ The court dismissed the plaintiff's application and ordered the stay of proceedings pending the appeal.
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Kimotho v Kinuriu & 2 others (Environment and Land Appeal 16 of 2022) [2023] KEELC 20082 (KLR) (28 September 2023) (Judgment)
✦ The trial court had jurisdiction to hear the application and the appeal is dismissed.
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Nguthi & 28 others v Mungai & 3 others; Gitundu & another (Proposed Interested Parties) (Suing on Behalf of Kihururu Self Help Group) (Enviromental and Land Originating Summons 120 of 2013) [2023] KEELC 20356 (KLR) (28 September 2023) (Ruling)
✦ The judgment dated May 12, 2022 is set aside, and the applicants are joined as interested parties.
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Nyangaga v Crater View Auctioneers & 2 others (Environment and Land Appeal E001 of 2023) [2023] KEELC 20273 (KLR) (28 September 2023) (Ruling)
✦ The court found that the Appellant had not complied with the conditions for issuing a stay of execution and dismissed her application for interim injunction.
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Amkeni Farmers (CBO) through its officials Raymond Taura Malindi Raphael Haromwandondo Chenda Kazungu Charo v National Land Commission & 2 others (Petition 11 of 2023) [2023] KEELC 22599 (KLR) (28 September 2023) (Ruling)
✦ Application dismissed with costs
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Wamboi & another v Gikonyo & 2 others (Miscellaneous Application E019 of 2022) [2023] KEELC 20158 (KLR) (28 September 2023) (Ruling)
✦ The court grants the application and orders a stay of execution pending the appeal.
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Somerset Africa Limited & another v Mwangi & 5 others (Environment & Land Case 436 of 2010) [2023] KEELC 20321 (KLR) (28 September 2023) (Judgment)
✦ The Plaintiffs are the registered proprietors of the suit properties and the Titles issued to the 1st and 2nd Defendants are invalid.
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Nzeghe v Nyarangi (Environment and Land Case Civil Suit 195 of 2012) [2023] KEELC 20375 (KLR) (28 September 2023) (Judgment)
✦ The court finds that the plaintiff, Stella Munanye Nzeghe, owns the suit plot and is entitled to protection from the court.
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Rukaria & 15 others v Matumaini Ventures Limited & 6 others (Environment and Land Case Civil Suit 58 of 2008) [2023] KEELC 20346 (KLR) (28 September 2023) (Judgment)
✦ The Plaintiffs are entitled to the orders sought.
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Kogo v County Government of Kericho (Environment & Land Petition E001 of 2022) [2023] KEELC 20272 (KLR) (28 September 2023) (Judgment)
✦ The petition is not sub-judice and the respondent's operation of the dumpsite does not contravene regulations. The petition does not disclose a legal interest capable of protection.
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Sakwa (Suing as an Administrator of the Estate of Hosea Sakwa Silunya) v Ndege & another (Environment & Land Case 607 of 2007) [2023] KEELC 20156 (KLR) (28 September 2023) (Ruling)
✦ The court found that the plaintiff does not have the locus standi in the suit as he is not an administrator of the deceased estate and the suit is an abuse of the court process.
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Orachi v Oridi (Environment and Land Appeal E001 of 2023) [2023] KEELC 20075 (KLR) (28 September 2023) (Ruling)
✦ The application is allowed with costs.