Kenyan case law

Mara Naboisho Conservancy v Director General Nema Authority & another; Narok County Government & another (Interested Parties) [2020] KEELC 3339 (KLR)

✦ The court lacks jurisdiction to hear and determine the petition as the matter should be heard by the National Environmental Tribunal.

County Government of Muranga v Peter Chege Kamau [2020] KEELC 3241 (KLR)

Lucie Nduko Mwangangi v Kahawa Sukari Limited; Josephine Awour (Interested Party) [2020] KEELC 3214 (KLR)

✦ The court declines to grant the orders sought in the Plaintiff's application dated 1/12/2015 and awards the Defendant and the Interested Party the costs of the application.

Safaricom Ltd v Emfil Limited [2020] KEELC 2908 (KLR)

✦ The application for review is dismissed. The costs of the application will be to the plaintiff.

Ndovu Estates Limited v Kaushal Kumar Mahendrabhai [2020] KEELC 3226 (KLR)

✦ The consent order is set aside and the suit is set down for hearing.

Dismus Onyango v Michael Mlainga Mbito & 2 others [2020] KEELC 3309 (KLR)

✦ The application is resolved in the following terms: the status quo on the said land currently prevailing shall be maintained pending the hearing and determination of the suit.

Koiyaki Mara Land Holdings v Naboisho Land Holding Company Limited & others [2020] KEELC 3271 (KLR)

✦ The ex parte injunction is set aside and the defendants are allowed to continue using the leased land.

Mwangi Muchai v Daniel Wainaina & 3 others [2020] KEELC 3269 (KLR)

✦ The court declares that the 4th Respondent's title to the suit land has become extinguished by operation of the law and that the applicant has become entitled to the whole parcel of land through adverse possession.

Linnet Wairimu Mukuha & 2 others v County Government of Nakuru & 4 others [2020] KEELC 3402 (KLR)

✦ The application is dismissed with costs to the plaintiffs.

Eglyne Chepchirchir Choge & 3 others (Suing as Administrators to the Estate of Simeon Kiptum Choge (Deceased) v Singa Ham Edambo & 3 others [2020] KEELC 3096 (KLR)

✦ The court dismisses the plaintiffs' suit and orders with costs to the defendants

Anthony Thuo Kanai v Geoffrey Kinuthia & another [2020] KEELC 3396 (KLR)

✦ The appeal is dismissed with costs to the respondents

Michael Anyango Otuko v Joseph Muinami Kinyanjui & another [2020] KEELC 3426 (KLR)

✦ The 1st Defendant is found guilty of disobeying court orders and is sentenced to a fine of Kshs.20,000,000 or imprisonment for 2 years and or both.

Njagi Kanampiu v Kellen Nchunguni Riungu & 3 others [2020] KEELC 3221 (KLR)

✦ The application is allowed, and the defendant is required to appear in court to explain his actions. Costs are awarded to the defendants/applicants.

Barke Awadh Khamisi (Suing on her own behalf and also on behalf of her father Awadh Karama Khamisi v Cynthia Were Ayako & another [2020] KEELC 1755 (KLR)

✦ Judgment is entered for the plaintiff in terms of prayers (a), (b) and (c) of the plaint. The plaintiff will have costs of the suit to be borne by the 1st defendant.

Joseph Kibet Rono & another v Nelson Kiprono Ruto & 2 others [2020] KEELC 3423 (KLR)

✦ The court found that the defendants have a reasonable case for vacating the orders and re-opening the plaintiffs' case, and that the defendants have a reasonable defense to the plaintiffs' claim to go to trial. The court did not specify who pays the costs.

Mwakutengeza v Mainland Estate Limited (Miscellaneous Application 72 of 2012) [2020] KEELC 3992 (KLR) (4 March 2020) (Ruling)

✦ The application is dismissed as the applicant is not the claimant before the Tribunal and lacks capacity to file the suit. The Tribunal's award was made out of jurisdiction and cannot be enforced.

Moses Kiprotich Birir v Alfayo K. Lelei &2 others [2020] KEELC 3247 (KLR)

✦ The Plaintiff is not the legal owner of the suit land and the Defendants have not fraudulently attempted to transfer the land. The Plaintiff is not entitled to the prayers sought.

Daniel Njenga Njunge v Housing Finance, Evanson Kamau Waitiki & Antony Njoroge Johhson (Environment & Land Case 666 of 2015) [2020] KEELC 3348 (KLR) (Environment and Land) (4 March 2020) (Ruling)

✦ The court orders the plaintiff to provide security for costs in the sum of Kshs 300,000 within 60 days, and to bear the costs of the application.

Parmatante Ole Kitere v Matiko Ole Sadera [2020] KEELC 3289 (KLR)

✦ The application is dismissed with costs as it lacks merit and was filed very late.

Mount Robin Ltd v Zed Holdings Ltd [2020] KEELC 1656 (KLR)

✦ The application is dismissed with costs

Joseph N. Nyakwama v Land Registrar, Kisii County & 2 Others [2020] KEELC 3133 (KLR)

✦ The court grants the application and orders leave to apply for judicial review orders of certiorari and prohibition.

Julius Masinde v Francis Wafula [2020] KEELC 3321 (KLR)

✦ The application to strike out the defence and other documents is denied, and the defence and other documents filed on 1/4/2019 are deemed properly filed.

Rebecca Ndanu Munguti v Archer Dramond Morgan Limited [2020] KEELC 3216 (KLR)

✦ The court allows the application and enters judgment in terms of the final award given by Patterson Munene Kamaara, dated 25/4/2017.

Ethics and Anti- Corruption Commission v National Land Commission & 4 others (Interested Party) [2020] KEELC 3305 (KLR)

✦ The Court finds that the Petition was in public interest and directs that each party bear their own costs.

Joshua Ndiritu Nduhiu v Francis Mwangi Maina [2020] KEELC 3444 (KLR)

✦ The court found that the Plaintiff is the registered proprietor of the suit land, Land Reference No. NYANDARUA/MILANGINE TOWNSHIP/60.