High Court of Kenya judgments

Noah Omondi Ominde & another v Republic [2005] KEHC 3324 (KLR)

✦ The convictions and sentences are quashed, and the appellants are ordered to be released

[2005] KEHC 3324 (KLR) High Court of Kenya 18 October 2005

James Mutungi Mbithi v Republic [2005] KEHC 1037 (KLR)

✦ Conviction and sentence quashed, appellant set at liberty

[2005] KEHC 1037 (KLR) High Court of Kenya 18 October 2005

Anold Illigha & another v Republic [2005] KEHC 744 (KLR)

✦ The prosecution proved malice and the existence of the property destroyed. The appellants' claim to the disputed property was not valid.

[2005] KEHC 744 (KLR) High Court of Kenya 18 October 2005

Rockeffeller Muhanji Segero v Republic [2005] KEHC 1352 (KLR)

✦ The appeal on conviction and sentence is dismissed. The conviction and sentence of the trial magistrate is hereby confirmed.

[2005] KEHC 1352 (KLR) High Court of Kenya 18 October 2005

MARSHALL T. OSANYA (Court Appointed Interim Liquidator Stallion Insurance Company Limited in Liquidation) V KENYA PORTS AUTHORITY [2005] KEHC 602 (KLR)

✦ The court orders the Plaintiff to provide security for costs in the sum of Kshs.400,000/= within two weeks.

[2005] KEHC 602 (KLR) High Court of Kenya 18 October 2005

Boniface Ochieng & another v Republic [2005] KEHC 1165 (KLR)

✦ The convictions are unsafe and unsatisfactory, and the Appellants are ordered to be set at liberty.

[2005] KEHC 1165 (KLR) High Court of Kenya 18 October 2005

BENJAMIN WAWERU NGETHE V HUMPREY IRAYA KAMIANO [2005] KEHC 645 (KLR)

✦ The plaintiff's claim for eviction is not tenable due to the revocation of the allocation of the suit land to a private developer and the plaintiff's loss of registrable interest over the land.

[2005] KEHC 645 (KLR) High Court of Kenya 18 October 2005

Raphael Kavai Maitha & 3 others v Jays Synicate Ltd & 3 others [2005] KEHC 3297 (KLR)

✦ The application is allowed, and the documents filed by Mr. Getanda are struck out.

[2005] KEHC 3297 (KLR) High Court of Kenya 18 October 2005

Mohamed Sylla v Republic [2005] KEHC 3316 (KLR)

✦ The plea of guilty was equivocal and the appeal is allowed. The conviction and sentence are quashed. The appellant is set at liberty.

[2005] KEHC 3316 (KLR) High Court of Kenya 17 October 2005

Hannington Owuori Okumu v Republic [2005] KEHC 1265 (KLR)

✦ The appeal against sentence has no merit and is dismissed in its entirety

[2005] KEHC 1265 (KLR) High Court of Kenya 17 October 2005

Republic v Joseph Ngugi Mungai [2005] KEHC 794 (KLR)

✦ The court dismisses the application as it does not have jurisdiction to extend time for appeal and there is no appeal pending before the Court of Appeal.

[2005] KEHC 794 (KLR) High Court of Kenya 17 October 2005

DEVJI MEGHJI & BROTHERS LTD V PROSPECTUS THIKA LIMITED & 2 OTHERS [2005] KEHC 581 (KLR)

✦ The application is struck out due to the use of a Chamber Summons instead of a Notice of Motion.

[2005] KEHC 581 (KLR) High Court of Kenya 17 October 2005

Gichuki King’ara & Company Advocates v Mechanised Cargo System Ltd [2005] KEHC 3322 (KLR)

✦ The court allows the reference and increases the instruction fee to Kshs.400,000/=

[2005] KEHC 3322 (KLR) High Court of Kenya 17 October 2005

Republic v William Kepher [2005] KEHC 1212 (KLR)

✦ The accused is ordered to serve thirty six (36) months imprisonment

[2005] KEHC 1212 (KLR) High Court of Kenya 17 October 2005

CYRUS KARIUKI WAITHAKA V HEZRON K. WAITHAKA [2005] KEHC 678 (KLR)

✦ The interlocutory judgement is set aside and the Plaintiff is ordered to file his defence within 14 days.

[2005] KEHC 678 (KLR) High Court of Kenya 17 October 2005

Samuel Kilungya v Republic [2005] KEHC 1005 (KLR)

✦ The appeal is allowed, conviction and sentence are quashed, and a retrial is ordered.

[2005] KEHC 1005 (KLR) High Court of Kenya 17 October 2005

Joseph Natwat & 10 others v Republic [2005] KEHC 1618 (KLR)

✦ The conviction is quashed and the sentence set aside due to the above issues.

[2005] KEHC 1618 (KLR) High Court of Kenya 15 October 2005

Peter Karanja Mungai v Daniel Njoroge Kamau & 2 others [2005] KEHC 1232 (KLR)

✦ The High Court found that the 1st defendant breached the land-sale contract and attempted fraudulent sale to the 3rd defendant.

[2005] KEHC 1232 (KLR) High Court of Kenya 14 October 2005

KAGUANJAI BUILDERS LTD AND ANOTHER V MATIC CONTRACTORS LTD & 2 OTHERS [2005] KEHC 646 (KLR)

✦ Defendant's preliminary objection fails and is dismissed with costs to the plaintiff

[2005] KEHC 646 (KLR) High Court of Kenya 14 October 2005

New Testament Church of God v Charismata Revival Network & another [2005] KEHC 898 (KLR)

✦ The applicant was found guilty of contempt of court and sentenced to four months imprisonment. The sentence was suspended pending the outcome of the appeal.

[2005] KEHC 898 (KLR) High Court of Kenya 14 October 2005

N.H.H v B.A.M [2005] KEHC 1252 (KLR)

✦ The court orders the dissolution of the marriage and grants custody of the child to the petitioner.

[2005] KEHC 1252 (KLR) High Court of Kenya 14 October 2005

Kabundu Holdings Ltd & another v Patrick Mukiri Kabundu & 3 others [2005] KEHC 1297 (KLR)

✦ The main suit is deemed void ab initio and struck out. The court dismissed most applications and ordered parties to bear their own costs.

[2005] KEHC 1297 (KLR) High Court of Kenya 14 October 2005

David Kamau Shikoki & 2 others v Republic [2005] KEHC 1630 (KLR)

✦ The convictions are upheld, and the appeals are dismissed.

[2005] KEHC 1630 (KLR) High Court of Kenya 14 October 2005

Gedion Nyamu Nguo v Kirinyaga County Council; Gathaka Thoithi t/a Gathaka Thoithi & Co (Civil Suit 1066 of 2002) [2005] KEHC 947 (KLR) (14 October 2005)

✦ The Plaintiff's suit against the two defendants succeeds, and the Court enters judgment in favor of the Plaintiff.

[2005] KEHC 947 (KLR) High Court of Kenya 14 October 2005

K.J.D.S v J.D.S [2005] KEHC 1281 (KLR)

✦ The court rules out the application of Civil Procedure Act and Rules to these matters, and the respondent's oral application for leave to file the intended replying affidavit is hereby refused with costs to the petitioner.

[2005] KEHC 1281 (KLR) High Court of Kenya 14 October 2005

Kenyan case law