Kenyan case law

Daniel Burure v Republic [2006] KEHC 393 (KLR)

✦ The appeal is allowed, conviction and sentence quashed, and the appellant set at liberty.

Republic v Reuben Ebenyo Lebeyok [2006] KEHC 745 (KLR)

✦ The accused is convicted of manslaughter.

PAN AFRICAN BANK LIMITED v GULMAREBA LIMITED & 2 others [2006] KEHC 893 (KLR)

✦ The application to strike out the suit is dismissed.

ANN MUKAMI MUCHIRI v DAVID KARIUKI MUNDIA [2006] KEHC 1073 (KLR)

✦ The court finds that the applicant cannot file an appeal out of time as the period for filing the appeal has already expired

B.J.B v H.O.S.M [2006] KEHC 1049 (KLR)

✦ The marriage is declared null and void due to non-consummation.

REPUBLIC v MUTUA KIMINZA [2006] KEHC 482 (KLR)

✦ The court found the circumstantial evidence to be sufficient to prove the accused's guilt, and the accused's alibi was not credible.

ANTHONY WAMBUA MULWA & another v REPUBLIC [2006] KEHC 1052 (KLR)

✦ Convictions quashed and sentences set aside due to non-compliance with Section 200(3) of the Criminal Procedure Code

Cecelina Nyoroka M’ikiugu v Beatrice M’marete [2006] KEHC 878 (KLR)

✦ The grant of letters of administration to Cecelina is upheld, and Beatrice’s application for revocation is dismissed.

PENNY MAINA & BARBARA WANJALA v BRIAN KIPTOO MAINA (Miscellaneous Succession Application 422 of 2001) [2006] KEHC 242 (KLR) (26 October 2006) (Ruling)

✦ The estate of the deceased should be distributed in terms of the provisions of Section 40(1) of the Law of Succession Act. The personal and household effects shall go to the first petitioner, Penny Maina. The pension benefits will be divided among the two houses of the deceased according to the number of children in each house. The parcel of land at Kapsimot will be divided between the two houses using the same formula.

DANIEL CHEGE KAMUNDIA & 2 others v REPUBLIC [2006] KEHC 1051 (KLR)

✦ The convictions in count 1 are upheld, and the Appellants are acquitted in count 2. The Appellants are ordered to be released unless otherwise lawfully held.

CYRUS NYAGA KABUTE v HOUSING FINANCE COMPANY OF KENYA LTD & another [2006] KEHC 1015 (KLR)

REPUBLIC v TIMOTHY KAMETI NDIKU [2006] KEHC 292 (KLR)

✦ The court finds that the prosecution has not made a prima facie case against the accused and acquits him.

SAMUEL NAXON ONDIEKI v REPUBLIC [2006] KEHC 1077 (KLR)

✦ The application for bail pending appeal is dismissed

AINU SHAMSI LIMITED v KENNEDY NGONDI & 3 OTHERS [2006] KEHC 802 (KLR)

✦ The ex parte eviction order is set aside due to the unavailability of the court file and the unlawful utilization of the police in a civil eviction.

JOSEPH MULEWA v REPUBLIC [2006] KEHC 307 (KLR)

✦ The appeal is dismissed. The application for bail pending appeal is rejected.

JOHNSON NJUGUNA NJOROGE v MILKA NGINA NJOROGE & ANOTHER [2006] KEHC 3350 (KLR)

✦ The court finds that there are good chances of success in the appeal.

John Ndungu Muriithi v Gideon Karegwa Ndungu & 5 others [2006] KEHC 614 (KLR)

✦ The court grants the plaintiff's declaration that he has no obligation to distribute his property among his children during his life time. The plaintiff is free to deal with his property in whatever manner he chooses.

SIMON NDUNG’U & JOSEPH WAWERU v KANGATHIA KIUNA (? 66 of 2004) [2006] KEHC 1071 (KLR) (25 October 2006)

✦ The application is incompetent and misconceived, and is accordingly dismissed.

Republic v Nakuru District Works Officer& 3 others Ex-parte Richard Kipchillat & 14 others [2006] KEHC 716 (KLR)

✦ The application for leave to commence contempt proceedings is declined. However, the status quo in the suit premises should be maintained until the judicial review application is heard and determined.

LEONARD ODINDI v KENYA PORTS AUTHORITY [2006] KEHC 959 (KLR)

✦ The Defendant prematurely retired the Plaintiff from its employment. The Plaintiff is entitled to one month's pay in lieu of notice.

KENYA REINSURANCE CORPORATION LTD v ELIUD M. NDIRANGU [2006] KEHC 1140 (KLR)

✦ The appeal is successful on all grounds. The judgment of the learned magistrate is set aside, and the Respondent's claim of K.Shs.166,441/20 is dismissed.

KERANDI MANDUKU & COMPANY v GATHECHA HOLDINGS LIMITED [2006] KEHC 902 (KLR)

✦ Decline to grant summary judgment to the applicant as the certificate of taxation has not been varied or set aside by the court.

Republic v Kamiro Chege [2006] KEHC 1123 (KLR)

✦ The court held that the burden of proof was not discharged by the prosecution.

REPUBLIC v SAMMY MUTUKU MUTHOKA [2006] KEHC 491 (KLR)

✦ The court finds that there is not sufficient evidence to call upon the accused to defend himself and acquits him.

PHOEBE WANGUI GAKUI V TOWN CLERK OF NAIROBI CITY COUNCIL & ANOTHER [2006] KEHC 1032 (KLR)

✦ The court declines to issue the orders sought in the Chamber Summons dated 22nd September 2006.