Kenyan case law

• DAMARIS KONDORO V GACHANJA GITERE & ANOTHER [2005] KEHC 3105 (KLR)

  ✦ The plaintiff's suit is time barred and is therefore struck out with costs to the defendant.

  [2005] KEHC 3105 (KLR) High Court of Kenya 14 October 2005

• JACKSON KIANGI V KASIKWA MUKUNA & OTHERS [2005] KEHC 642 (KLR)

  ✦ The defendants were entitled to costs upon dismissal of the plaintiff's suit. The execution proceedings are premature and are hereby ordered to be stayed.

  [2005] KEHC 642 (KLR) High Court of Kenya 13 October 2005

• Republic v James Ruku Njoroge [2005] KEHC 1640 (KLR)

  ✦ The court finds the prosecution's evidence insufficient to establish a consistent chain of evidence and enters a finding of not guilty.

  [2005] KEHC 1640 (KLR) High Court of Kenya 13 October 2005

• NANCY WANJIKU MWANGI V PETER NJOROGE NGATA [2005] KEHC 687 (KLR)

  ✦ Liability against the defendant and third parties in favor of the plaintiff is at 50% ratio to 50% (and 100% in favor of the plaintiff) respectively.

  [2005] KEHC 687 (KLR) High Court of Kenya 13 October 2005

• Owino Okeyo & Company Advocates v Fuelex Kenya Limited [2005] KEHC 1125 (KLR)

  ✦ The court held that the applicant was not entitled to judgment as he had not exhibited a retainer in the application. The court further held that the respondent had not disputed the retainer, and thus the applicant was entitled to judgment for the taxed costs.

  [2005] KEHC 1125 (KLR) High Court of Kenya 13 October 2005

• ANN WANJIKU NGUGI & ANOTHER V ATTORNEY GENERAL [2005] KEHC 561 (KLR)

  ✦ The suit is not in contravention of the mandatory provisions of the Government Proceeding Act or the Civil Procedure Act and Rules. The plaintiffs lack capacity to institute the suit.

  [2005] KEHC 561 (KLR) High Court of Kenya 13 October 2005

• Mugwiri Mugira Reche & another v Republic [2005] KEHC 1345 (KLR)

  ✦ The appeals against conviction are dismissed. The sentence of two years imprisonment is set aside and substituted with one year imprisonment.

  [2005] KEHC 1345 (KLR) High Court of Kenya 13 October 2005

• EDWIN KANG’ETHE WACHIRA & ANOTHER v WAHOME THEURI & 2 OTHERS [2005] KEHC 282 (KLR)

  ✦ The court grants the injunction and mandatory injunction, and awards costs to the plaintiffs.

  [2005] KEHC 282 (KLR) High Court of Kenya 13 October 2005

• In Re the Estate of Harrison Gachoki (Deceased) [2005] KEHC 1613 (KLR)

  ✦ The estate is governed by the Succession Act, not customary law.

  [2005] KEHC 1613 (KLR) High Court of Kenya 13 October 2005

• Monyazi George Chiranzi v John Leliai & others [2005] KEHC 1113 (KLR)

  ✦ The application to transfer the case from Mombasa to Kilifi Court is dismissed with costs.

  [2005] KEHC 1113 (KLR) High Court of Kenya 13 October 2005

• Paul Nganga & another v Republic [2005] KEHC 1033 (KLR)

  ✦ We allow the appeal by the 1st Appellant against the main counts of ROBBERY WITH VIOLENCE, quash the conviction and set aside the sentence of death.

  [2005] KEHC 1033 (KLR) High Court of Kenya 13 October 2005

• Republic v Johana Chepkonga & 3 others [2005] KEHC 1136 (KLR)

  ✦ The court finds that the prosecution has not convinced the judge that they have a prima facie case to warrant placing any of the accused on trial, and therefore, none of the accused has a case to answer.

  [2005] KEHC 1136 (KLR) High Court of Kenya 13 October 2005

• Matermind Tobacco (K) Ltd Vilita Mwakani & another [2005] KEHC 874 (KLR)

  ✦ The appeal is dismissed for want of prosecution due to the appellant's lack of interest in prosecuting the appeal for nearly six years.

  [2005] KEHC 874 (KLR) High Court of Kenya 13 October 2005

• DOROTHY MUNYIVA MUINDI v ELIZABETH SYOKWIA MUINDI [2005] KEHC 275 (KLR)

  ✦ The court orders that the proceedings in H.C.C. 79/94 be stayed to await the determination of Succession Cause 148/94.

  [2005] KEHC 275 (KLR) High Court of Kenya 13 October 2005

• Daniel Ndirangu Kimotho v Republic [2005] KEHC 3342 (KLR)

  ✦ The conviction is quashed and the sentence set aside. The appellant should be set free unless he is otherwise lawfully held.

  [2005] KEHC 3342 (KLR) High Court of Kenya 13 October 2005

• Republic v Samuel Kimari Kariuki & another [2005] KEHC 1328 (KLR)

  ✦ The court finds no evidence connecting the accused with the murder and acquits them.

  [2005] KEHC 1328 (KLR) High Court of Kenya 12 October 2005

• Pauline Mwai v Davies Nyamu Njoka t/a Njoka & Njoka Auctioneer [2005] KEHC 885 (KLR)

  ✦ The Board's decision to uphold the Preliminary Objection is set aside, and the Preliminary Objection is dismissed with costs to the Appellant. The Complaint will be heard on its merits.

  [2005] KEHC 885 (KLR) High Court of Kenya 12 October 2005

• F.M v M.T.J & another [2005] KEHC 1213 (KLR)

  ✦ The court finds the marriage has broken down due to desertion and declares dissolution of the marriage.

  [2005] KEHC 1213 (KLR) High Court of Kenya 12 October 2005

• MUGUMOINI FARMERS CO. LTD V INSHWIL BUILDERS ENGINEERS LTD [2005] KEHC 704 (KLR)

  ✦ The court dismissed the defendant's preliminary objection and reinstated the ex parte interim orders.

  [2005] KEHC 704 (KLR) High Court of Kenya 12 October 2005

• ALBRIGHT HOLDINGS LTD V NATIONAL SOCIAL SECURITY FUND BOARD TRUSTEES [2005] KEHC 288 (KLR)

  ✦ The application is granted with costs, and the matter should be heard in full within the course of the Term.

  [2005] KEHC 288 (KLR) High Court of Kenya 12 October 2005

• JOSEPH K. MARIGI V ANNE KADENGE [2005] KEHC 717 (KLR)

  ✦ The appeal is dismissed with costs to the respondent and against the appellant.

  [2005] KEHC 717 (KLR) High Court of Kenya 12 October 2005

• JOHN KABERE MUNGAI V CHARLES KARUGA KOINANGE [2005] KEHC 702 (KLR)

  ✦ The plaintiff's claim fails and the suit is dismissed with costs to the defendant.

  [2005] KEHC 702 (KLR) High Court of Kenya 12 October 2005

• British American Insurance Co. Ltd v Grace M. Muema & another [2005] KEHC 873 (KLR)

  ✦ The policy was valid, and the Appellant is liable to pay the reimbursement of medical expenses. The Appellant is also liable for the reimbursement of NSSF funds, but this amount is reduced by Shs.5,000.

  [2005] KEHC 873 (KLR) High Court of Kenya 12 October 2005

• Peter Mwangi Githinji v Republic [2005] KEHC 1331 (KLR)

  ✦ The proceedings of the trial magistrate are declared a nullity, the conviction is quashed, and the sentence imposed is set aside.

  [2005] KEHC 1331 (KLR) High Court of Kenya 12 October 2005

• Republic v Mueke Ngenya [2005] KEHC 1070 (KLR)

  ✦ The accused is found not guilty of murder.

  [2005] KEHC 1070 (KLR) High Court of Kenya 12 October 2005