Kenyan case law

Kabage & Mwirigi Insurance Brokerslimited v Attorney General & 3 others [2014] KEHC 1099 (KLR)

✦ The suit is dismissed for want of prosecution.

Julius Mainye Anyega v Ecobank Kenya Limited [2014] KEHC 8730 (KLR)

✦ The court ruled that the suit property is a matrimonial home and that a mortgage will not be created on such property without the consent of the spouse. No sale of the matrimonial property will be carried through without giving the necessary notices to the spouse or spouses of the Mortgagor.

Republic v Edwin Kiprotich Sang [2014] KEHC 1489 (KLR)

✦ The application for bond/bail is allowed. The accused may be released upon signing a bond of Shs. 150,000/- with a surety in similar sum.

Kitheka Nduvya & 6 others v Stephen Muli (Being the legal representative of the Estate of Ngeta Ngeta) [2014] KEHC 1173 (KLR)

✦ The stay of execution is granted on condition that the applicants pay the respondents KShs.70,000 as security for costs within a period of 3 months, in default, the application will stand dismissed.

Nelson Muguku Njoroge v Furncon Limited [2014] KEHC 1226 (KLR)

✦ The court allows the application for substitution and revival of the suit, finding that the delay in filing the application was not inordinate and that the defendant did not take any action to strike out the suit.

Nellie Wanjiru Kamau & another v Kambo Kinyanjui & another [2014] KEHC 1244 (KLR)

✦ The court ordered the Deputy Registrar to sign all necessary papers to enable the transfer of the plot to the plaintiff.

Damaris Nyambura Ngugi v Francis Mutua Ngugi & 2 others [2014] KEHC 1415 (KLR)

✦ The court grants leave for the filing of an appeal out of time and grants the applicant thirty (30) days to file and serve a memorandum of appeal.

David King’oo Ngongu v Peter Ndingu Musembi & 3 others [2014] KEHC 679 (KLR)

✦ The mandatory injunction is granted, and the Respondents are ordered to hand over vacant possession within 30 days of service of the court order. In default, the Applicant shall be at liberty to apply for eviction orders.

Blue Shield Insurance Company Ltd v Alice W Kariuki & another [2014] KEHC 8732 (KLR)

✦ The application for change of Advocates is dismissed. The Statutory Manager's appointment of new advocates is not in accordance with the terms of reference and is an abuse of the court process.

P.N.K v M.W.K [2014] KEHC 1267 (KLR)

✦ The court dismissed the appeal and made the following orders: the application is dismissed, the court file is returned to the Children's Court registry, and there are no orders as to costs.

A.W.K v N.N [2014] KEHC 1398 (KLR)

✦ The court dismissed the motion as there were no orders made on February 25, 2013, and the petitioner should have sought review of the October 18, 2012 judgment.

Gorvas Holdings Limited v Kensalt Limited & 4 Others [2014] KEHC 685 (KLR)

In the Matter of the Estateof John Peter Keguro – (Deceased) [2014] KEHC 1399 (KLR)

✦ The application is dismissed with costs as it is unmerited.

Republic v Sarah Chepkemoi Moso [2014] KEHC 1446 (KLR)

✦ The accused is discharged under Section 35(1) of the Penal Code on condition that she does not commit any offence in the next 12 months

Benjamin Kaburi Kamuruci v Stanbic Bank Limited [2014] KEHC 1326 (KLR)

✦ The Court denied the Plaintiff's application for an injunction.

Dennis Ochieng Ogutu & another Aboge v Republic [2014] KEHC 8838 (KLR)

✦ The conviction is unsafe and cannot be allowed to stand. The appeal is allowed and the conviction and sentence quashed.

P L S v H A O [2014] KEHC 1414 (KLR)

✦ The Motion is dismissed as the orders sought are the same as those in the appeal and the applicant should argue his appeal.

M D M B M v R S S & another [2014] KEHC 1234 (KLR)

✦ Respondent is ordered to pay maintenance of Kshs.320,000 per month and release a motor vehicle in good condition, fully insured within 7 days.

M D M B M v R S S & another [2014] KEHC 1083 (KLR)

✦ Respondent is ordered to pay maintenance of Kshs.320,000 per month and release the motor vehicle in good condition within 7 days.

Raphael Ochieng Choka v Fredrick Igodi & another [2014] KEHC 686 (KLR)

✦ The court dismissed the Plaintiff's claim for an injunction as the Plaintiff has already disposed of most of the properties he seeks to protect.

Paul Kimutai Kosgei v Republic [2014] KEHC 1514 (KLR)

✦ The appeal is allowed, conviction is quashed, and sentence set aside.

In The Matter Of Chandrakant Devchand Meghji Shah (Deceased) [2014] KEHC 1410 (KLR)

✦ The court allows the prayer for stay pending appeal in terms of prayer 1(c) of the Notice of Motion

Peter Maina Mwangi v Republic [2014] KEHC 1441 (KLR)

✦ The convictions are quashed and the sentences imposed upon the Appellant set aside.

Chrispine Otieno Caleb v Attorney General [2014] KEHC 8485 (KLR)

✦ The court held that the criminal proceedings were not maliciously instituted and that the plaintiff was not entitled to damages or costs.

Republic v Everlyne M Sua [2014] KEHC 1402 (KLR)

✦ The court acquits the accused of murder and instead convicts her of manslaughter.