Kenyan case law

Njeru Kiande v Naleah Njura Ndwiga [2014] KEHC 745 (KLR)

✦ The High Court grants the order to transfer the case from the magisterial court to the High Court.

Republic v Chairman, Mbeere Land Disputes Tribunal & another Ex-Parte Nyonga Mugo [2014] KEHC 728 (KLR)

✦ The application for ex-parte leave to file for an order of certiorari is within the time permitted by law.

Republic v Dennis Aruba Onyeri & 3 others [2014] KEHC 360 (KLR)

✦ The court released the accused persons on personal bond of Kshs. 1,000,000 with two sureties each of similar amount to be approved by the Deputy Registrar of this court.

In Re J M (A Child) [2014] KEHC 8565 (KLR)

✦ The court allows the application for adoption and dispenses with the consent of the biological parents.

Richard Mwenda & another v Liqidator Igembe Farmers Coop Limited [2014] KEHC 308 (KLR)

✦ The application is dismissed as it lacks merit and the applicant cannot continue to blame the court's Deputy Registrar for the dismissal.

Dennis Karani Njeru v Republic [2014] KEHC 1106 (KLR)

✦ The court found the prosecution's evidence consistent and well corroborated, and the appellants' explanations for possession of the stolen phone were not convincing.

John O. Oneko & 2 others v Gituamba Stores Limited [2014] KEHC 8608 (KLR)

✦ The court ordered the defendant to remove the fence and be injuncted from fencing, occupying or trespassing onto the plaintiffs' land.

In re J.M [2014] KEHC 8568 (KLR)

✦ The court ordered the applicants to move the court formally for review of the order or judgement in an application under the Civil Procedure Rules.

Beth Wambui Mwaura & 2 others v Ibrahim Lei Elesondai alias Elesundai & 4 others [2014] KEHC 767 (KLR)

✦ The application is granted and the plaintiffs/applicants are given leave to amend their plaint.

Damaris Wanjiku Kanja v John Muthee Kanja [2014] KEHC 1134 (KLR)

✦ The court finds that the defendant holds the land in trust for himself and the plaintiff and the trust should be terminated for the plaintiff to get 2 acres out of the suit land.

C W M v A W M & 3 others [2014] KEHC 8563 (KLR)

✦ The application is dismissed, and the suit is struck out in its entirety.

Kanthilal Ramji Bhundia t/a Niki Wear & 2 others v Joseph Mwaniki Ndegwa & another [2014] KEHC 1135 (KLR)

✦ The court finds that the respondents and interested party have not served the requisite notices to the applicants to entitle them to vacant possession. The applicants cannot approach the BPRT as a landlord, and the court declines the application for an injunction.

Ali Abdalla Salim & 2 others (suing as trustees of Twaheed Girls Secondary School) v Abubakar Masoud & another (as members of Twaheed Muslim Association) [2014] KEHC 449 (KLR)

✦ The application for an injunction is granted.

In the Matter of M M (A Child) [2014] KEHC 8562 (KLR)

✦ The court allows the adoption application and dispenses with the consent of the biological parents.

Charity Mwikali Ndunda v Amos Mwangi Kariuki [2014] KEHC 8603 (KLR)

R.N.M v W.M.K [2014] KEHC 8560 (KLR)

✦ The property was not matrimonial, and the plaintiff developed it without the defendant's consent, thus no merit in the application.

Republic v Registrar of Societies & 8 others Ex-Parte Tom Mboya Memorial Hall Development Association Registered Trustees [2014] KEHC 985 (KLR)

✦ The court bailiff to restore the possession of the suit premises to the ex parte applicants. The ex parte applicants to be at liberty to engage security officers to guard the premises. The Officer Commanding the Police Station responsible for the area where the suit premises is situate, pursuant to the functions of the Police under section 24 of the National Police Service Act, to ensure that law and order and peace is maintained during and after the restoration of the ex parte applicants into possession of the suit premises.

Republic v Geoffrey Wanjala Wechule [2014] KEHC 8538 (KLR)

✦ The Accused is released on condition that he posts a bond of Kshs. 1 million with one surety of the same amount. He shall attend court without fail and shall not be in contact with the prosecution witnesses until after they have testified.

In the Matter of the Estate of Kinyaga Muroki – (Deceased) [2014] KEHC 963 (KLR)

✦ The grant of letters of administration is revoked due to fraud and misrepresentation. The application for revocation is dismissed.

Kennedy Odhiambo Okeyo v State [2014] KEHC 969 (KLR)

✦ The appellant’s conviction and sentence are affirmed. The appeal is dismissed.

Allan Nginya Gathimba v Jeremiah Kioko Mutunga & another [2014] KEHC 772 (KLR)

✦ The court finds that the Defendant's defence is unreasonable and an abuse of the court process and strikes it out.

In the Matter of the Estate of L A K – (Deceased) [2014] KEHC 967 (KLR)

✦ The surviving spouse has preference over the deceased's sister in obtaining letters of administration intestate. The grant in HCSC No. 690 of 2006 is revoked, and a fresh grant shall be made in favor of the first petitioner.

In Re Estate Of Freda Musimbi Mudoga – (Deceased) [2014] KEHC 979 (KLR)

✦ The application is dismissed with costs to the respondent. The interim orders are discharged.

John Murimi Kigoru & another v Republic [2014] KEHC 1095 (KLR)

✦ Conviction upheld, sentence reduced to a fine of Kshs 25,000/- each or 1 year imprisonment each in default.

Joseph Gathungu Rugendo & another v Stanley Kabugi [2014] KEHC 1042 (KLR)

✦ The application is allowed in its entirety. The supplementary record of appeal be filed and served within 14 days.