Kenyan case law

RUSTAM HIRA V ORIENTAL COMMERCIAL BANK LTD FORMERLY THE DELPHIS BANK LTD [2012] KEHC 818 (KLR)

✦ The application is struck out with costs as the applicant has not complied with the requirements of paragraph 11 of the Advocates Remuneration Order.

REPUBLIC V JUDICIAL SERVICE COMMISSION EX PARTE JOSEPH NDUKU NJUKI [2012] KEHC 781 (KLR)

✦ The Court quashed the decision of the Judicial Service Commission and ordered the applicant to be retained in his employment

NATIONAL FUND FOR THE DISABLED OF KENYA REGISTERED TRUSTEES V KENNETH NG’ANG’A MUNGAI T/A MUNGAI & GAKURU ADVOCATES [2012] KEHC 928 (KLR)

✦ The Court ordered the Defendant to be evicted from the Plaintiff's offices located at 5th Floor, Rehema House, L.R No. 209/4540, Mama Ngina Street/Kaunda Street within the City Centre of Nairobi.

NGWIRI KAMAU V MARGARET WAMBUI KENYATTA [2012] KEHC 437 (KLR)

✦ The Court grants the vesting orders for the properties as the Applicant is a beneficiary under the sale agreement, transfer, and trust deed.

EDWIN OTIENO ONYANGO V REPUBLIC [2012] KEHC 468 (KLR)

✦ The conviction is unsafe due to inconsistencies in the prosecution's case and the timing of the alleged robbery. The conviction and sentence are quashed, and the appellant is set at liberty.

BEATRICE SYOKAU GATHUMBA V KENYA AIRPORTS AUTHORITY & 2 OTHERS [2012] KEHC 666 (KLR)

✦ The Court declares that the Petitioner's fundamental right to property was grossly violated by the compulsory acquisition of the land without compensating the Petitioner for the acquisition.

JORAM NJOROGE NG\'ANG\'A V REPUBLIC [2012] KEHC 111 (KLR)

✦ The court grants the applicant a bond in the sum of Kshs 500,000 with one surety of the like amount until the appeal is heard and determined.

MWANAISHA WARIGA V PHILLIP MUSUNGU [2012] KEHC 762 (KLR)

✦ The court found no sufficient evidence to prove the tort of malicious prosecution and dismissed the claim with costs to the Appellants.

REPUBLIC V PRINCIPAL IMMIGRATION OFFICER [2012] KEHC 618 (KLR)

✦ The application fails in its entirety and is dismissed with costs to the Respondent and the Interested Parties

REPUBLIC V LAND ADJUDICATION OFFICER, EMBU DISTRICT EX PARTE KIRINYAGA MIHIRIGA KENDA [2012] KEHC 779 (KLR)

✦ The Application is dismissed as it lacks merit.

HOSEA MUNDUI KIPLAGAT V KENYA COMMERCIAL BANK LIMITED [2012] KEHC 834 (KLR)

✦ The application is dismissed with costs

EAST AFRICAN SAFARI AIR EXPRESS LIMITED v GOING PLACES LIMITED [2012] KEHC 595 (KLR)

✦ The Plaintiff is entitled to judgment for the sum of US$90,048.64 with interest and costs as prayed in the plaint.

Momanyi v Aegis Services (K) Limited (Cause 1106 of 2010) [2012] KEHC 971 (KLR) (Civ) (16 November 2012) (Ruling)

SAMUEL OKOTH & 7 OTHERS V CONSOLIDATED BANK OF KENYA LTD [2012] KEHC 978 (KLR)

✦ The Plaintiffs' suit is not res judicata, not statute-barred, and not bad for joinder of the Plaintiffs. The application to strike out and dismiss the Plaintiffs' suit is dismissed with costs.

PATRICK MUTHENGI MALUKI v PETER K. WATUTA [2012] KEHC 584 (KLR)

✦ The suit is dismissed for want of prosecution. The plaintiff's advocate will pay the costs of the defendant.

Kimili v Kenya Building, Construction, Timber and Furtniture Industries Employees Union (Cause 1324 of 2012) [2012] KEHC 970 (KLR) (16 November 2012) (Ruling)

MICHEAL JOHN MWAURA V CITY COUNCIL OF NAIROBI & 2 OTHERS [2012] KEHC 930 (KLR)

✦ The Plaintiff's application for a temporary injunction is dismissed. The Plaintiff shall not interfere with the 3rd Defendant's quiet possession and/or occupation of the suit property pending the hearing and determination of the suit.

PETER O. NGOGE T/A O P NGOGE & ASSOCIATES V AMMU INVESTMENT COMPANY LIMITED [2012] KEHC 1133 (KLR)

✦ The court certified the application as urgent and heard it exparte. The court lifted the veil of incorporation and issued arrest warrants against the director.

JOSEPHAT NYINGI PETER V AFRICAN BANKING CORPORATION LTD [2012] KEHC 821 (KLR)

✦ The court found that the service of the Plaintiffs documents on February 26, 2010 was effective, and the order selling the motor vehicle to the Plaintiff should not be rescinded.

LEAH NYAMBURA MBURU V BARCLAYS BANK OF KENYA LTD [2012] KEHC 676 (KLR)

✦ The injunctive orders are upheld

JOSEPH MUCHOKI KINJA & 3 OTHERS V SIMON NGUGI KAMAU & 6 OTHERS [2012] KEHC 657 (KLR)

✦ The application is dismissed with costs.

ROBERT NGARUIYA CHUTHA V JOSEPH CHEGE NDUNG’U [2012] KEHC 931 (KLR)

✦ A temporary injunction was granted against the Defendant to restrain him from entering, trespassing, erecting structures, and interfering with the Plaintiff's possession, occupation, and legal ownership of the suit property, pending the hearing of the suit.

SAMUEL NDUNGU MUKUNYA V NATION MEDIA GROUP LIMITED & ANOTHER [2012] KEHC 660 (KLR)

✦ The court finds the defendants' statement of defence scandalous, frivolous, and vexatious and strikes it out.

REPUBLIC v COMMISSIONER OF VALUE ADDED TAX EX-PARTE IRON ART LIMITED [2012] KEHC 1161 (KLR)

✦ The application is allowed in terms of Prayer 1, 2, and 4, with Prayer 3 partially allowed.

MICAH KIGEN & 2 OTHERS V ATTORNEY GENERAL & 2 OTHERS [2012] KEHC 5555 (KLR)

✦ The court declines to grant the declarations in the petitions and dismisses them.