Kenyan case law

• Mutavi Maseki t/a Maseki & Co. Advocates v Imran Naushad Mawi [2005] KEHC 1121 (KLR)

  ✦ The applicant has a right to retain the vehicle but the court will only enforce the orders for a limited period

  [2005] KEHC 1121 (KLR) High Court of Kenya 12 October 2005

• ERI LIMITED V SOUTHERN CREDIT BANIING CORPORATION (Formerly known as BULLION BANK) (Civil Case 594 of 2002) [2005] KEHC 573 (KLR) (Civ) (12 October 2005) (Ruling)

  ✦ The Plaintiff's suit is dismissed for want of prosecution.

  [2005] KEHC 573 (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

• Joseph Kiprop Mengich v Republic [2005] KEHC 1349 (KLR)

  ✦ The appeal on sentence is allowed, and the custodial sentence is reduced to the period already served.

  [2005] KEHC 1349 (KLR) High Court of Kenya 12 October 2005

• Daniel Ndeke Gatumu t/a Ndeke Gatumu & Co. Advocates v Christine Wangare Gachege [2005] KEHC 1079 (KLR)

  ✦ The court allows the application and stays further proceedings in Nakuru CMCC No. 2190 of 2003 pending the hearing and determination of the appellant’s appeal.

  [2005] KEHC 1079 (KLR) High Court of Kenya 12 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

• Magdaline Wanza Mwanza v Republic [2005] KEHC 1038 (KLR)

  ✦ The conviction and sentence are quashed, the sentence set aside, and the fine of Kshs.15,890/= released to the appellant.

  [2005] KEHC 1038 (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

• JAMES NYAMAI KITIVI v REPUBLIC [2005] KEHC 470 (KLR)

  ✦ The court orders the lower court proceedings a nullity, quashes the convictions and sets aside the sentences.

  [2005] KEHC 470 (KLR) High Court of Kenya 12 October 2005

• Mohamed Iqbal v Mwinyi Silim Dzula & 4 others [2005] KEHC 872 (KLR)

  ✦ The court declines to issue the injunction sought by the Plaintiff and directs him to make urgent arrangements for the hearing of the whole suit.

  [2005] KEHC 872 (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

• Lonrho Agribusiness (EA) Ltd v James Maritim [2005] KEHC 292 (KLR)

  ✦ The court dismisses the application for temporary injunction as the plaintiff has not shown a prima facie case.

  [2005] KEHC 292 (KLR) High Court of Kenya 12 October 2005

• Republic v Luka Patrick Mutembei [2005] KEHC 1031 (KLR)

  ✦ The conviction is quashed and the sentence is set aside

  [2005] KEHC 1031 (KLR) High Court of Kenya 11 October 2005

• Kariuki Mukono & 26 others v Nairobi City Council & another [2005] KEHC 1339 (KLR)

  ✦ The application for stay of execution is to be heard before the judge as soon as a date is available. The judge will defer making orders in this application until the application for stay has been heard.

  [2005] KEHC 1339 (KLR) High Court of Kenya 11 October 2005

• DANIEL K. KARIITHI V BAMBURI CEMENT [2005] KEHC 594 (KLR)

  ✦ The application is allowed and the plaintiff is granted orders to extend time and serve the amended plaint within the time granted.

  [2005] KEHC 594 (KLR) High Court of Kenya 11 October 2005

• Republic v Martin Mwangi Gitau & another [2005] KEHC 1639 (KLR)

  ✦ The court finds the prosecution failed to prove the accused committed the murder beyond reasonable doubt and acquits them of the charge.

  [2005] KEHC 1639 (KLR) High Court of Kenya 11 October 2005

• Republic v Martin Mwangi Gitau & another [2005] KEHC 1321 (KLR)

  ✦ The court finds the prosecution failed to prove the accused committed the murder beyond reasonable doubt and acquits them of the charge.

  [2005] KEHC 1321 (KLR) High Court of Kenya 11 October 2005

• CORNELIUS KAUNGUJA M’ALAINE v DAVID KAILIKIA M’IMATHIU [2005] KEHC 29 (KLR)

  ✦ The court allows the appeal and orders the respondent to pay the appellant Kshs.15,000 for the cow, but does not order a refund of the dowry.

  [2005] KEHC 29 (KLR) High Court of Kenya 11 October 2005

• PETER OTIENO OPOLLO v BOARD OF GOVERNORS KISUMU POLYTECHNIC COLLEGE [2005] KEHC 304 (KLR)

  ✦ The interlocutory judgment entered on 20th May 2005 is regular and the Deputy Registrar had the necessary jurisdiction to enter it. There is no error apparent on the face of the record.

  [2005] KEHC 304 (KLR) High Court of Kenya 11 October 2005

• David Musyimi Ndetei v Daima Bank Limited [2005] KEHC 1 (KLR)

  ✦ The court held that the defendant was not entitled to debit the various charges and varying interest in the plaintiff's account, and that the statutory notices of sale were defective and improperly served.

  [2005] KEHC 1 (KLR) High Court of Kenya 11 October 2005

• NATIONAL BANK OF KENYA LIMITED V PETER KIPKOECH KORAT & ANOTHER [2005] KEHC 518 (KLR)

  ✦ The preliminary objection is dismissed with costs.

  [2005] KEHC 518 (KLR) High Court of Kenya 11 October 2005

• BENJAMIN NGUA KIMUYU& ANOTHER KENLINE AGENCIE LIMITED & ANOTHER [2005] KEHC 591 (KLR)

  ✦ The plaintiffs' sale agreement is valid as the defendants' attempts to settle the dispute were not genuine due to the breach of the consent order.

  [2005] KEHC 591 (KLR) High Court of Kenya 11 October 2005

• Mahican Investments Limited & 3 others v Gaida & 80 others Miscellaneous Civil Application 792 of 2004; [2005] KEHC 1267 (KLR)

  ✦ The application to set aside the arbitral award is dismissed. The application to register the award is allowed.

  [2005] KEHC 1267 (KLR) High Court of Kenya 11 October 2005

• Republic v John Mutiso Mutua [2005] KEHC 996 (KLR)

  ✦ The conviction is quashed and sentence set aside due to the unqualified prosecution.

  [2005] KEHC 996 (KLR) High Court of Kenya 11 October 2005

• Jonathan Katuku v Republic [2005] KEHC 1210 (KLR)

  ✦ The appeal is dismissed. The conviction and sentence are upheld.

  [2005] KEHC 1210 (KLR) High Court of Kenya 11 October 2005