Kenyan case law

Nzuki Muoki v Republic [2014] KEHC 774 (KLR)

✦ The appeal is dismissed as the trial court did not err in law and the appellant's plea was unequivocal.

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

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.

Republic v Tepere Lokwapus Ngolengole & another [2014] KEHC 714 (KLR)

✦ The accused are found not guilty and acquitted.

South Shore International Limited v Talewa Road Contractors Limited & another [2014] KEHC 993 (KLR)

✦ The Plaintiff's Notice of Motion application is dismissed with costs to the 2nd Defendant. The 2nd Defendant is allowed to use the Bitumen stored in the Bitutainers to the value of Kshs 33,356,528/= only, with excess Bitumen and Bitutainers to be released to the Plaintiff.

Amos Wamunyu v Tabitha Wanjiru Omolo & another [2014] KEHC 1152 (KLR)

✦ The application by both applicants is dismissed with costs.

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.

A S B v H K S [2014] KEHC 951 (KLR)

✦ The marriage has irretrievably broken down and is dissolved.

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.

Charles Mwangi Ringuru v Nancy Wangari Mathenge [2014] KEHC 1151 (KLR)

Benson Mang’era & another v Wambua Mbuva [2014] KEHC 888 (KLR)

✦ Decline to dismiss appeal for want of prosecution and direct Deputy Registrar to call for lower court file

In Re Estate of Jane Wambui Gatonye [2014] KEHC 976 (KLR)

✦ The petitioner should be appointed as executrix and manage the estate as per the will, and she should be required to account for all assets of the estate, regardless of whether they were meant to come to her or to her brother Joseph Ngugi.

Chairman Kiawamurru Youth Polytechnic v Kamau Wathiri & Another [2014] KEHC 1170 (KLR)

✦ The court finds that the plaintiff has proved on the balance of probabilities that the land is a freehold property reserved for a Youth Polytechnic, and the defendants are illegally occupying it.

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.

Abdalla Mutembei Gisaga v Pamela Gacheri Patrisio & 5 others [2014] KEHC 1036 (KLR)

✦ The court finds the plots not part of the deceased's estate and not distributed, thus the applicant lacks locus standi.

Bird’s Printers, Office Stationery & Equipment Ltd & 3 others v Nairobi City Council Government [2014] KEHC 726 (KLR)

✦ The court finds in favor of the plaintiffs and orders the defendants to pay the plaintiffs' claims.

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.

Lulumet Kereya v Evans Mpoto Ombui [2014] KEHC 748 (KLR)

✦ The Application to strike out the Plaintiff's suit is granted

E.N.N v F.M.M [2014] KEHC 956 (KLR)

✦ The marriage is dissolved, and a decree nisi is issued.

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.

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.

David Sifuna v Clerk, County Assembly of Trans Nzoia & another [2014] KEHC 944 (KLR)

✦ The court holds that the entire process leading to the petitioner's removal was flawed and violated his constitutional rights.

M.B.A v D.O.B [2014] KEHC 717 (KLR)

✦ The court dissolves the marriage and grants exclusive custody of the two children to the petitioner.

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.

Merry Beach Limited v Barclays Bank of Kenya Limited & another [2014] KEHC 475 (KLR)

✦ The application is dismissed. The 1st Defendant is given thirty (30) days to file its witness statements and any relevant documents.