Kenyan case law

J.F v A.H.K [2009] KEHC 724 (KLR)

✦ The Court denies the application and upholds the previous custody orders.

REPUBLIC v RASESH CHHOTALLAH SHAH [2009] KEHC 139 (KLR)

✦ The accused is found guilty of the two charges of murder.

Republic v Director of Land Adjudication & another Exparte Josphat Matiri M'Amiru [2009] KEHC 935 (KLR)

✦ The application is dismissed as the ex parte applicant has failed to produce any newly discovered evidence and has not annexed the decision sought to be reviewed. The Civil Procedure Act and the rules made thereunder are inapplicable to judicial review proceedings.

JULIANO M’MUGAMBI MUTUA MWARI v JOHN OYARO [2009] KEHC 1319 (KLR)

✦ The appellant’s appeal in respect of his counterclaim is dismissed with costs to the respondent. The respondent’s plaint is struck out for failing to abide by Order VII Rule 1(2) of the Civil Procedure Rules.

R.C.R v UNILEVER KENYA LIMITED [2009] KEHC 654 (KLR)

✦ The court finds the defendant liable for the deceased's death and orders the defendant to pay the plaintiff damages.

GERALD MWITHIA v STANELY GITONGA [2009] KEHC 1314 (KLR)

PETER ONGORI & another v MARY KEMUNTO OKUMU & another [2009] KEHC 979 (KLR)

✦ The application is dismissed with costs

REPUBLIC v LAND ADJUDICATION OFFICER IMENTI SOUTH/NORTH DISTRICTS & 2 others Ex-parte M’IBARI GATUGUTI [2009] KEHC 942 (KLR)

✦ The court finds that the board's decision was contrary to the Land Adjudication Act and grants orders of certiorari and mandamus.

CENTRE SHOP v PHARIS NKARI GITARI & another [2009] KEHC 1317 (KLR)

✦ The judgment of the learned magistrate is set aside, and the appellant is granted costs of the chamber summons dated 7th February 2005.

NYACHOTI & CO. ADVOCATES v JAYAYANTILAL JIWABHAI PATEL [2009] KEHC 712 (KLR)

✦ The court ordered the defendant to pay the plaintiff the certified costs of Kshs.609,277.52 and interest at 14% per annum from July 16, 2009.

Punda Milia Co-operative Society v Savings & Loan (K) Limited (Civil Case 273 of 2008) [2009] KEHC 1170 (KLR) (Civ) (6 November 2009) (Judgment)

✦ The defendant is restrained from transferring, disposing, or interfering with the suit property. A declaration is issued directing the defendant to discharge the charge registered against the suit property and release the title documents to the plainti. The defendant is authorized to execute necessary documents to effect the discharge of the charge if they fail to do so. The plainti shall have the costs of the suit.

JAMES GITAU SINGH T/A SINGH GITAU ADVOCATES v NATIONAL BANK OF KENYA LTD [2009] KEHC 862 (KLR)

✦ The respondent's reference was filed within the stipulated period, and the objection by the applicant to the reference on technical procedural grounds is without foundation.

JUMA MNYARU MWACHARO v REPUBLIC [2009] KEHC 398 (KLR)

✦ Conviction and sentence upheld

Jambo Biscuits (K) Limited v Barclays Bank of Kenya Limited & 2 others [2009] KEHC 865 (KLR)

✦ The court entered judgment in favor of the 1st defendant/applicant for Ksh.90 million with interest at 16.75% per annum from 25th August 2008 until payment in full. The plaintiff's suit against the defendants is dismissed.

ALI MWINYIMVITA v STAR TRANSPORT COMPANY LIMITED [2009] KEHC 1096 (KLR)

✦ The court dismissed the preliminary objection, finding that the court has jurisdiction over the controlled tenancy and the premises are not covered by the applicable Act.

ROSE NTHIORI v SALOME KOORU & another [2009] KEHC 898 (KLR)

✦ Salome Kooru is entitled to half an acre of the deceased's estate, and the balance should go to the petitioners.

DANSON MBUGUA NJUGUNA v EAST AFRICAN BUILDING SOCIETY BANK LTD FORMERLY KNOWN AS AKIBA BANK LTD & another [2009] KEHC 1256 (KLR)

✦ The plaintiff's suit against the 2nd defendant is struck out, and the 2nd defendant is granted vacant possession of the property.

REPUBLIC v LAND DISPUTES TRIBUNAL MERU CENTRAL DISTRICT [2009] KEHC 933 (KLR)

✦ The court grants leave to amend the notice of motion.

MARGARET SOARES v JANE OTIENO [2009] KEHC 995 (KLR)

✦ The court allows the application to add Afro Haliton Co. Ltd. as a defendant and orders the plaintiff to amend the plaint accordingly.

PETER KAMAU IKUGU v BARCLAYS BANK OF KENYA LTD & another [2009] KEHC 4269 (KLR)

✦ The plaintiff's application is allowed, and the second defendant's registration is cancelled.

REPUBLIC v SHABAN ROMAN MWALEWA [2009] KEHC 394 (KLR)

✦ The charge was properly framed and the conviction was proper.

JULIUS KAURU MUGAA v KAINGA M’ITHILI [2009] KEHC 1321 (KLR)

✦ The learned magistrate's judgment is well supported by the evidence, and the present appeal has no merit. The appeal is dismissed with costs to the respondent.

AURELIAN AJIAMBO AKWARO v REPUBLIC [2009] KEHC 4259 (KLR)

✦ The application is granted, the Subordinate Court's order is set aside, and the bank manager is ordered to pay the credit balance to the Applicant's advocate.

KASSIM FARAH WARSAME t/a SALAT TRANSPORTERS & another v JOHN MBUGUA OTSYULA [2009] KEHC 1229 (KLR)

✦ The Court dismissed the respondent's claim and ordered the appellants to pay no damages.

NDIRITU KAHUHO v SETTLEMENT FUND TRUSTEES & 2 others [2009] KEHC 945 (KLR)

✦ The suit is revived and the Applicant is ordered to proceed speedily to fix the case for hearing within the next twelve months from the date of the judgment. Costs of the application shall be in the cause.