Kenyan case law

GUCOKANIRIRIA KIHATO TRADERS AND FARMERS COMPANY LTD v ATTORNEY GENERAL [2006] KEHC 1006 (KLR)

✦ The judgment is set aside and the plaintiff is ordered to seek a new allotment from the Chief Land Registrar and the Commissioner of Lands.

Elijah Momanyi p/a Anassi Momanyi & Co. Advocates v Bartera Maiyo [2006] KEHC 815 (KLR)

✦ The court rejects the reference except for a limited re-assessment of items 28 (i) and (ii) of the bill of costs, and taxes a total sum of Kshs.178,330.

JOHN MULWA NZIOKI v PHILIP KIVUVA NZIOKA & another [2006] KEHC 3372 (KLR)

ARCH BISHOP SAMSON GAITHO V JOSEPH LENALEIYO [2006] KEHC 5 (KLR)

✦ The appeal is allowed with costs, and the ruling and order of the learned Senior Resident Magistrate dated 9th November, 2006 is set aside. The application dated 3rd November, 2006 is hereby dismissed with costs to the appellant.

N. IKUA & CO. ADVOCATES v TIMSALES LTD [2006] KEHC 142 (KLR)

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

FREDRICK MWAZUNA MJUMWA v REPUBLIC [2006] KEHC 516 (KLR)

✦ The appeal against conviction is dismissed, and the appeal against sentence is allowed with a reduced sentence of one year imprisonment.

JEMIMAH NJERI NJOROGE & ANOTHER V RUTH WANJIRU NJOROGE [2006] KEHC 927 (KLR)

✦ The application is dismissed

Elikana Mukundi Gatimu & another vs John B Muya & 3 others [2006] KEHC 892 (KLR)

✦ The court has jurisdiction to stay the execution of the order of taxation pending the hearing and determination of the intended reference.

KAZUNGU MALEJA MBARU & 5 OTHERS v THATHINI COMPANY LIMITED [2006] KEHC 265 (KLR)

✦ The court dismisses the Originating Summons and does not award costs.

MUTULA KILONZO t/a NAKU MODERN FEEDS v WILLAM NJOROGE [2006] KEHC 67 (KLR)

✦ The appeal is dismissed with costs to the respondent

JUSTICE AMRAPHAEL MBOGHOLI MSAGHA v CHIEF JUSTICE OF THE REPUBLIC OF KENYA & 7 others [2006] KEHC 3497 (KLR)

✦ We dismiss all other prayers for declarations and grant the following: 1. A declaration that the representation of the Chief Justice to the President under Section 62(5) in respect of the Applicant was a nullity.

NATI0NAL BANK OF KENYA v JOSEPH ODINGO AGOLA [2006] KEHC 100 (KLR)

✦ The application is dismissed with costs to the respondent.

Republic v Kenneddy Migosi Orao & 2 others [2006] KEHC 836 (KLR)

✦ The court finds the prosecution's evidence insufficient to establish guilt and acquits the accused under section 306 (1) of the Criminal Procedure Code.

DESMOND KIPRUTO v BRAZILLE SIMARO MUSUMBA [2006] KEHC 786 (KLR)

✦ The court awards the plaintiff Ksh.1,346,400 in total damages, including general damages for pain, suffering, and loss of amenities, special damages for medical expenses, and the cost of an artificial leg.

DEW SECURITY SERVICES LTD v MUGOYA CONSTRUCTION & ENGINEERING CO. LTD [2006] KEHC 943 (KLR)

✦ The court finds the Defendant indebted to the Plaintiff and enters judgment in favor of the Plaintiff for Kshs.8,112,573.52 plus costs and interest.

MOHAMMED ELTAFF & 3 others v DREAM CAMP KENYA LIMITED [2006] KEHC 3388 (KLR)

✦ The defendant's application for a review of the taxation of costs is granted.

Joseph Kiprono Langat v Simon Kibii Soo & another [2006] KEHC 814 (KLR)

✦ The court allowed the application for transfer, stating that the applicant could have filed the suit in Bomet's court if he had chosen to do so.

Brooke Bond (K) Ltd v Sisiria Kerubo Kenyoru [2006] KEHC 827 (KLR)

✦ The appeal is allowed. The suit filed by the respondent is struck out with costs to the appellant.

Kiprotich Mosonik v Paul Kiptonui Koech [2006] KEHC 784 (KLR)

✦ The court found in favor of the plaintiff, declaring the defendant to be a trespasser on the plaintiff's land and ordering the defendant to deliver vacant possession of the suit land or face eviction.

COMMERCE BANK LIMITED v IMPALA GARMENTS LIMITED & 2 OTHERS [2006] KEHC 858 (KLR)

✦ The judgment is against the first three Defendants, who were served with hearing notices but failed to appear in court. The Plaintiff has proved their claim on a balance of probabilities, and the judgment is for K.Shs.14,419,926/- with interest and costs.

CHARLES MATHEKA MULONZA v REPUBLIC [2006] KEHC 970 (KLR)

✦ The conviction is quashed and the sentence set aside due to the unqualified prosecution and the trial process not complying with the mandatory provisions of the Criminal Procedure Code. A retrial is not ordered due to prejudice to the appellant.

Agnes Bosibori Ogega v Tea Research Foundation & Joseph Mawia Mutisya [2006] KEHC 789 (KLR)

✦ The defendants are held to be 100% liable in damages to the estate of the deceased. The plaintiff is awarded Ksh.351,080 in total damages.

SAITOTI MOLEIL v REPUBLIC [2006] KEHC 983 (KLR)

✦ The conviction and sentence are annulled, and the Appellant is released from prison.

Chesumot Limited v Richard Kipkurui Maritim [2006] KEHC 775 (KLR)

✦ The application for extension of time is allowed

CHEBALUNGU KONGASIS TRADING CO v LIVINGSTONE MILGO [2006] KEHC 824 (KLR)

✦ The court adopts the 1981 judgment and issues a vesting order declaring the plaintiff as the owner of the land. There will be no orders as to costs.