Kenyan case law

Rose J. Cherogony v Michael Gakuru Ndindi [2015] KEHC 593 (KLR)

✦ The appeal is allowed. The order striking out the Appellant's suit against the Respondent is set aside, and the suit is reinstated.

Charles Thuku v Nairobi City Council [2015] KEHC 589 (KLR)

✦ The motion is dismissed with costs to the Respondent

Evans Nyarango Osindi & 2 others v Monicah Bina Osindi & anothewr [2015] KEHC 191 (KLR)

Joash Nyabicha v Nyansiongo Tea Factory & G. S. Okoth & Co. Advocates (Civil Case 12 of 2000) [2015] KEHC 194 (KLR) (11 December 2015) (Ruling)

✦ The court allows the Preliminary Objection and strikes out the Originating Summons with costs to the Interested Party.

Amos Kamau Wangunyu v Geoffrey Thingo Wangunyu [2015] KEHC 590 (KLR)

✦ The appeal is dismissed. The disputed plot should be divided equally between the two brothers.

In Re estate of Ruth Wanjiku Maina (Deceased) [2015] KEHC 8040 (KLR)

✦ The grant is set aside and reinstated

Republic v G N M [2015] KEHC 181 (KLR)

✦ The accused is acquitted and set free, with her 6 months in custody treated as a prison term served.

Catherine Nyambura Kamau v Nation Media Group & 2 others [2015] KEHC 600 (KLR)

✦ The motion to dismiss for want of prosecution is allowed.

Johannes Obegi v Christopher Ngetich & another [2015] KEHC 592 (KLR)

✦ The Appellant is found to have proved liability against the 1st Respondent, and the order dismissing the Appellant's suit is set aside. The suit is remitted back to the trial court to assess damages.

Lt Col Benjamin Muema v Attorney General & 2 others [2015] KEHC 596 (KLR)

✦ The plaintiff is awarded kshs.63,988,104/= under paragraph 6 of the decree of 21.7.2006 and kshs.7,418,400/= under paragraph 7 of the decree.

D. T. Dobie (K) Limited v Mary Goretty Mbatha & 2 others [2015] KEHC 565 (KLR)

✦ The appeal is dismissed with costs to the 1st Respondent

Moses Obi Nyachiro v Kenya Power & Lighting Co. Limited [2015] KEHC 190 (KLR)

✦ The court granted the interim mandatory injunction to reconnect the electricity supply to the Plaintiff's premises.

In re J N (Minor) [2015] KEHC 276 (KLR)

✦ The Court allows the Applicant's application to adopt Baby J N. The child shall be known as J W W. P M G and J N M, the Applicant's brother-in-law and sister respectively, shall be the legal guardians of the child should such eventuality arise.

Anthony Wahome v Parminder Saimbi & 2 others [2015] KEHC 567 (KLR)

✦ The respondents are found guilty of contempt and are ordered to pay a fine of Kshs.1,000,000 and have their assets attached and sold to satisfy the fine. They are also committed to civil jail for 6 months.

Republic v Mary Mong’ina Omweri [2015] KEHC 192 (KLR)

✦ The accused is sentenced to six (6) months probation.

Regina Mwikali Wilson v Stephen Mwangi Gichuhi & another [2015] KEHC 601 (KLR)

✦ The motion to set aside the default judgment is dismissed as there is no merit in it.

Denis Kipkoech Kigen v Republic [2015] KEHC 503 (KLR)

✦ The conviction for Defilement is quashed due to lack of proof of the victim's age. The appellant is convicted of Indecent Act with a child and sentenced to 25 years imprisonment.

M A K M v G M M [2015] KEHC 7996 (KLR)

✦ The properties were acquired by joint funds and efforts and shall be shared equally

In re of baby B E (Adoption Cause 157 of 2015) [2015] KEHC 307 (KLR) (Family) (11 December 2015) (Ruling)

✦ The Court allows the Applicants' application for adoption. The child shall be known as B Z L and will be adopted by the Applicants. J H and M H, the 2nd Applicant's brother and sister-in-law, shall be the legal guardians of the child if such eventuality arises.

Njagi v Judicial Service Commission & 2 others (Petition 495 of 2014) [2015] KEHC 6962 (KLR) (Constitutional and Human Rights) (11 December 2015) (Judgment)

✦ The court dismissed the petition, stating that the petitioner was not a party to Supreme Court Petition No. 13A of 2013 and that the conservatory orders have been overtaken by the decision of the Supreme Court in Petition No. 13A of 2013.

Akidya 2000 Company Limited v Josephat Wamuyu Gitau [2015] KEHC 598 (KLR)

✦ The dismissal of the motions for want of attendance is set aside, and the motions are reinstated. The Appellant/Applicant is ordered to pay the Respondent costs of Ksh.5,000.

Irene Bosibori Samuel & another v Republic [2015] KEHC 19 (KLR)

✦ The appeal is dismissed, and the sentence is enhanced to mandatory death sentence.

Kigwe Complex Ltd v Jeremiah Githigo Iregi & 8 others [2015] KEHC 317 (KLR)

✦ The court granted temporary injunctions to prevent the defendants from blocking the plaintiff's property and septic tanks, and to allow the plaintiff to construct a modern kiosk.

Republic v Charles Oronyi Ombote Alias Mbera [2015] KEHC 177 (KLR)

✦ The court grants the accused's application for bail with specified conditions

L.W.K v B.P.K [2015] KEHC 8047 (KLR)

✦ The application is allowed, and the order given in Case Number OX14P00245 by the Family Court at Oxford on the 8th of January 2015 shall be registered pursuant to the Foreign Judgment (Reciprocal Enforcement) Act. The applicant is permitted to remove R.M.K temporarily from England and Wales for a holiday in Kenya between the 18th and 27th of December 2015, after which the minor shall return to England and Wales.