Kenyan case law

Priscillah Warui Nyaga v Joseph Njoka Kaara & another [2015] KEHC 753 (KLR)

✦ The application is granted, and the defendants/applicants are granted leave to file and serve their amended defence and counter-claim within 15 days from the date of the ruling.

Eastleigh Mall Limited & 8 others v Republic [2015] KEHC 8081 (KLR)

✦ Application dismissed with no orders of costs

Mohamed Ali Maalim v Attorney-General & 2 others [2015] KEHC 936 (KLR)

✦ Petition dismissed, Petitioner is not eligible for presumption of citizen by birth under the Kenya Citizenship and Immigration Act, 2011.

In re The Matter Of Rumorth Group Of Companies Limited [2015] KEHC 8379 (KLR)

✦ The court strikes out the Petition and orders the Petitioner to bear the costs of the application.

M.K v J.K (Divorce Cause 150 of 2010) [2015] KEHC 8032 (KLR) (Civ) (4 December 2015) (Judgment)

✦ The marriage has irretrievably broken down and the petitioner is granted the dissolution of marriage.

Kagaa Farmers Cooperative Society v Commissioner For Co-operative Societies & another [2015] KEHC 7949 (KLR)

✦ The court dismissed the application, holding that the Gazette Notice was merely an instrument of information and not the decision itself.

Musa Gedi Noor v Republic [2015] KEHC 834 (KLR)

✦ The appeal is dismissed. The convictions and sentence are upheld.

Nancy Muthoni Mwangi v Said Abdalla Zubedi [2015] KEHC 608 (KLR)

✦ The court finds that the plaintiff's application was overtaken by events due to her eviction, and thus cannot be reinstated. The case will proceed for a full trial where all parties can present their claims and evidence.

M N v Republic [2015] KEHC 32 (KLR)

✦ The conviction is quashed and the appeal is allowed, with the appellant being set at liberty.

Republic v Gerald Mutuku Nyalita & another [2015] KEHC 1029 (KLR)

✦ The court granted bail to both accused persons with strict terms to ensure attendance at trial.

Republic v Moses Ekarot Oramisi [2015] KEHC 698 (KLR)

✦ The accused is found guilty of Manslaughter

Odera Obar & Co. Advocates v Aly Enterprises Limited & 3 others [2015] KEHC 555 (KLR)

✦ The court allows the enlargement of time to file notice of objection to taxation and grants a stay of execution until the lapsing of 14 days prescribed in the Advocates (Remuneration) Order.

Abubakar A. H. Mohamed v Ahmed Mohamed Said & another [2015] KEHC 813 (KLR)

✦ The application to set aside or vacation of execution is dismissed. The application to have the applicant Ahmed Omar Said to be enjoined as an Interested Party is granted.

Jackson Mutembei Mbae v Republic [2015] KEHC 1058 (KLR)

✦ The conviction is quashed, the sentence is set aside, and the appellant is set at liberty

Mea Limited v Echuka Farm Ltd & 2 others [2015] KEHC 8016 (KLR)

✦ Application for review is unfounded and dismissed with costs to the Defendants

Mwai Limited & 5 others v Municipal Council of Mombasa & 5 others [2015] KEHC 906 (KLR)

✦ The court declines to grant any orders of stay of execution and dismisses the Applicants' Notice of Motion with costs.

Cassian Ngotho Mwachanya v Commanding Officer Kenya Navy & another [2015] KEHC 916 (KLR)

✦ The Petitioner's Petition dated and filed on 2 nd May, 2014 is hereby dismissed with a direction that each party bears its own costs.

Ndirangu Wanjenji v Kenneth Mokua [2015] KEHC 603 (KLR)

✦ The order dismissing the appeal is set aside and the appeal is reinstated. The appellant shall prepare, file and serve the Record of Appeal within 90 days from the date of this ruling.

John N Mugambi & Mugambi & Company v Kiama Wangai (Civil Appeal 597 of 2012) [2015] KEHC 268 (KLR) (Civ) (3 December 2015) (Ruling)

✦ The appeal is dismissed for want of prosecution and the decretal sum is released to the respondent.

In re Estate of the Late Chilali Mulinda (Deceased) [2015] KEHC 145 (KLR)

✦ The application is granted, and Jafred Wanjala Lyani is substituted as the first objector in the estate of the late Chilali Mulinda.

D O O v Republic [2015] KEHC 625 (KLR)

Machakos Ranching Limited v Joseph Wambua [2015] KEHC 1069 (KLR)

✦ The appeal is marked as withdrawn with no orders as to costs. The monies deposited in Court as part of the decretal sum will be released to the respondent. The appellant will pay the costs of the suit in the Magistrate's Court. The appellant is liable to pay interest in accordance with section 26 of the Civil Procedure Act, but only 50% of the amount of interest due as at the date of payment in full.

In re of Concord Insurance Company Limited (Under Statutory Management) [2015] KEHC 8357 (KLR)

✦ The application is unmeritorious and dismissed with costs to the respondent.

Republic v Principal Secretary, Ministry of Agriculture Livestock & Fisheries & another Ex-Parte Winnie Wandai Muniu [2015] KEHC 1044 (KLR)

✦ An order of mandamus is granted to the Respondents to pay the applicant Kshs 496,150/= together with interest at 8% and costs

Chrispine Oduor Omollo v Republic [2015] KEHC 8069 (KLR)

✦ The conviction and sentence are quashed. The appellant is set free unless otherwise lawfully held.