Kenyan case law

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

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

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.

M M M v D K M [2014] KEHC 965 (KLR)

✦ The petition is dismissed as there is no proof of a marriage between the petitioner and the respondent.

Makueni County Assembly v County Executive Committee Member of Finance, Government of Makueni County & 3 others [2014] KEHC 926 (KLR)

✦ The court does not issue mandatory conservatory orders pending the hearing and determination of the petition.

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

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.

Burhani Decorators & Contractors v Morning Foods Ltd & another [2014] KEHC 656 (KLR)

✦ The court allows the appeal, sets aside the dismissal order, and reinstates the suit for hearing before another magistrate.

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.

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

Karundito Karanja v Michael Muchoki & 2 others [2014] KEHC 1129 (KLR)

✦ The appeal is dismissed with costs as the appellant did not prove his case on a balance of probabilities.

Joseph Lenduse Eldaisaba & 2 others v Paul Gugo Leswagey & another [2014] KEHC 53 (KLR)

✦ The plaintiffs' notice of motion is dismissed with costs to the defendants.

Boke Gibuka Chacha v State [2014] KEHC 1286 (KLR)

✦ The sentence is reduced to time served.

Joseph Ondiek Tumbo v Sony Sugar Co Ltd [2014] KEHC 899 (KLR)

✦ The court declines to grant the applicant leave to appeal, finding the delay in filing the appeal to be inexcusable and prejudicial to the respondent.

Deepesh C. Dhingra & another v Kenindia Assurance Co. Limited [2014] KEHC 8760 (KLR)

✦ The court finds in favor of the plaintiffs for special damages and awards general damages for trauma.

Charles Ndwiga Kanyeria v Augustine Muturi Mairani & Another [2014] KEHC 927 (KLR)

✦ The court found that the applicant was given a fair hearing but lacked jurisdiction to determine the matter due to the value of the estate. The orders of the Senior Resident Magistrate were set aside, and the case was remanded for fresh distribution of the estate.

Ali Abdullahi Ahmed & another v Clerk County Council of Wajir & another [2014] KEHC 945 (KLR)

✦ The County Council of Wajir is entitled to costs from the applicants.

Republic v Chief Magistrate, Malindi & 3 others Ex Parte Pepe Teresa [2014] KEHC 445 (KLR)

✦ The 2nd Respondent followed the correct procedure by filing the application for leave to institute private prosecution. The withdrawal of the case was reasonable.

Republic v Registrar of Societies, Safina Lungazo Aluse, Mathias Abwotho & Joel Onono [2014] KEHC 497 (KLR)

✦ The application is dismissed with costs.

Republic v Kenya National Examinations Council Ex-Parte Principal St Pius X Seminary School & 33 others [2014] KEHC 8607 (KLR)

✦ The application is dismissed with no order as to costs.

Augustine Kipkoech Cheruiyot & another v Haron Ochanda Kabori [2014] KEHC 40 (KLR)

✦ The applicants have not established a case for issuance of the orders sought.

Joseph Gichuhi Githiora v Samuel Ndirangu Gichuhi [2014] KEHC 434 (KLR)

✦ The appeal is struck out but with no orders as to costs.

Nicholas Mutunga Kioko v Ancent Ndavi Kioko & another [2014] KEHC 429 (KLR)

✦ Proceedings to obtain the grant were defective in substance and null ab initio.

John Njoroge v Republic [2014] KEHC 428 (KLR)

✦ The convictions are quashed and the sentences set aside.

Christine Agnes Omanyo v Matilda Akumu Khaduli [2014] KEHC 964 (KLR)

✦ The Respondent is wholly liable for the injuries suffered by the Appellant. General Damages are awarded at Ksh.170,000.

Put Sarajevo Gen. Eng. Co.Ltd v Esther W. Njeri & Johnson Mwangi Gucha (Suing as the Legal Representative of the Estate of Sylvester Muhia Gucha (Deceased) & 2 others [2014] KEHC 431 (KLR)

✦ The learned magistrate correctly apportioned liability at a ratio of 70:30 between the appellant and the 2nd respondent.