Kenyan case law

Mutegi Mugwetwa v County Ministry of Lands, Physical Planning Energy & ICTCounty Government of Tharaka Nithi & 5 others; Chuka Igambang’ombe DevelopmentAssociation (Interested Party) [2020] KEELC 3512 (KLR)

✦ The application for stay of execution is granted on condition that the applicant deposits Kshs.900,000 as security within 14 days. Costs are in the cause.

James Kimani Kihara & 6 others v Joseph Thuku Kimani [2020] KEELC 3446 (KLR)

✦ The appeal is dismissed with costs.

Doris Wangithi Maina & 2 others v Peris Wanjiru Maina & another [2020] KEELC 3102 (KLR)

✦ The sub-division and transfer of the land are illegal, the land title No. KIINE/THIGIRICHI/2134 and KIINE/THIGIRICHI/2135 are cancelled, the land parcel No. KIINE/THIGIRICHI/2119 is shared out equally amongst the plaintiffs, the 2nd defendant's defence and counter-claim are dismissed, and the costs of the suit and dismissal of the counter-claim are borne by the 1st and 2nd defendants.

Republic v Deputy County Commissioner Matungulu Sub-County & 3 others;Anthony Munyao Kata & 3 others (Interested Parties) Ex parte Gregory Muthoka Kakonzi [2020] KEELC 3497 (KLR)

✦ The Ex-parte Applicant's application is dismissed but with no order as to costs.

Johnson Munywela Kitetu v Attorney General [2020] KEELC 3513 (KLR)

✦ The Appeal is dismissed with costs

Muriithi Njinga v Paul Muchiri Njogu (Environment & Land Case 400 of 2013) [2020] KEELC 3118 (KLR) (21 February 2020) (Judgment)

✦ The defendant's counter-claim is dismissed as he failed to prove his case to the required standard.

David Otieno Ohando v Henry Opiyo Akama & 2 others [2020] KEELC 3519 (KLR)

✦ The court denied the application for leave to operate as a stay.

Benson Nzioka Mwanzia v Mutiso Wambua Kaumba [2020] KEELC 3506 (KLR)

✦ The Application is dismissed but with no order as to costs.

Republic v National Land Commision Ex parte Patrick Nthenge & 2 others [2020] KEELC 3502 (KLR)

✦ The Ex-parte Applicants are not entitled to an order of mandamus and the Notice of Motion dated 22nd October, 2018 is dismissed with no order as to costs.

Freizer Mumo v Jonah Kavithi Daniel & Magdalene Wayua Daniel (Sued as the representatives of the Estate of Daniel Mulwa Kavithi & 3 others [2020] KEELC 3504 (KLR)

✦ The court finds the Plaintiff's claim valid and dismisses the Defendants' application to strike out the suit.

Jane Wangithi Muriithi v County Government of Kirinayga [2020] KEELC 3105 (KLR)

✦ The plaintiff's claim is dismissed with costs to the defendant.

Patrick Mukuno Kisilu & 4 others v County Government of Kitui & 4 others [2020] KEELC 3508 (KLR)

✦ The Petitioners are entitled to the suit plots and the Respondents must pay compensation and refrain from interfering with the Petitioners' rights.

John Muturi Njuguna v Kamene Musyimi Ikombo [2020] KEELC 3507 (KLR)

✦ The appeal is dismissed

Irene Nyawira Muchira v Andrew K Ruirie [2020] KEELC 3111 (KLR)

✦ The court re-evaluated the evidence and found that the plaintiff is the lawful proprietor of the land, but fraud was not proven.

Republic v Deputy County Commissioner Kitui Central Sub-County; Muindi Kimweli (Deceased) & another (Interested Parties) Ex Parte Munuve Kolu (Deceased) & another [2020] KEELC 3498 (KLR)

✦ The Application is dismissed with costs.

Reuben Kioko Mutyaene v Erdemann Property Limited & another [2020] KEELC 3503 (KLR)

✦ No contract exists between Petitioner and Respondent, Petitioner breached terms of Project Application Form, Petitioner is not entitled to specific performance or damages

Eliud Kiama Kabuchwa v Francis Murage Kithungu [2020] KEELC 3116 (KLR)

Nelson Anyoka Nyaema v County Government of Nyamira [2020] KEELC 3428 (KLR)

✦ The court will need to visit the site to establish whether or not the plaintiff has encroached on the 10 metre road and will need to adduce evidence on the history of the land to resolve all the issues in contention.

Nancy Wakathare Nguri & 2 others v Edith Wagatu Nguri & 2 others [2020] KEELC 3106 (KLR)

✦ The plaintiff should bear the costs of the suit plus interest at Court rates.

Republic v National Land Commission & 2 others; Raphael Musyoka Ndeti(Interested Party) Ex parte Dakawou Transporters Limited [2020] KEELC 3499 (KLR)

✦ The Court dismissed the application, finding that the Ex-parte Applicant is not a bona fide purchaser for value without notice and that the 1st Respondent acted within its powers.

James Josiah Muchiri v Kenya Anglican Men’s Association Sacco & 3 others [2020] KEELC 3514 (KLR)

✦ The Plaintiff has a recognized interest in the land and has shown a prima facie case with chances of success.

Inoi Farmers Co-operative Society Ltd v Kaitheri Housing Co-operative Society [2020] KEELC 3103 (KLR)

✦ The application is dismissed with costs

Austin Omonyo Barasa v James Irungu Mwangi [2020] KEELC 3511 (KLR)

✦ The Plaintiff has proved his case on a balance of probabilities, and the Defendant's Counter-claim is dismissed with costs. The Plaintiff's Plaint is allowed, and an order of specific performance is issued commanding the Defendant to complete the Sale Agreement.

Syombua Masila & another v Ignatius Chege Mwangi; Samsosn Mpatian Rinka (Interested Party) [2020] KEELC 3391 (KLR)

✦ The application is dismissed with costs to the respondents.

Aggrey Musumba Amalanda v Elkana Buyengo Arona [2020] KEELC 3565 (KLR)

✦ The application for stay of execution is dismissed with costs.