Kenyan case law

• MARY MULWA NDUTO v RAMESHANDRA GULAB PARMAR & ANOTHER [2005] KEHC 298 (KLR)

  ✦ The court granted the injunction restraining the defendants from selling the property without the plaintiff's consent.

  [2005] KEHC 298 (KLR) High Court of Kenya 6 October 2005

• Muthoni Muraya, Boniface Gichingiri Muraya & James Muriuki Muraya v Peter Mathayo Muraya. Helina Wanjiku Muraya. Elizabeth Wangui Muraya. Peterson Kirongo Muraya & Hudson Munyiri Muraya (Succession Cause 32 of 1984) [2005] KEHC 425 (KLR) (6 October 2005) (Ruling)

  ✦ The court sets aside the proceedings from November 20, 2001 to July 8, 2005 and orders the parties to take appropriate action to regularize the position.

  [2005] KEHC 425 (KLR) High Court of Kenya 6 October 2005

• David Gachohi Ngotho v Benson Mungai (Deceased) & 3 others [2005] KEHC 1549 (KLR)

  ✦ The appeal is dismissed with costs to the Respondent.

  [2005] KEHC 1549 (KLR) High Court of Kenya 6 October 2005

• John Z Anjiri v Republic [2005] KEHC 1235 (KLR)

  ✦ The conviction is quashed and the sentence is set aside. If the fine was paid, the money should be refunded.

  [2005] KEHC 1235 (KLR) High Court of Kenya 6 October 2005

• Christopher Mulei v Republic [2005] KEHC 1008 (KLR)

  ✦ The court grants bail to the appellant pending appeal

  [2005] KEHC 1008 (KLR) High Court of Kenya 6 October 2005

• MOSES KIMUTAI CHERUIYOT V CHEPKWONY KIMUTAI CHERUIYOT [2005] KEHC 521 (KLR)

  ✦ The application to set aside the consent judgment is dismissed with costs to the plaintiff.

  [2005] KEHC 521 (KLR) High Court of Kenya 5 October 2005

• Joseph Kipkoech Kogo v Kenya Flourspar Company Limited [2005] KEHC 1699 (KLR)

  ✦ The appeal is dismissed with costs. The Magistrate's finding that the appellant was not a union member and thus not entitled to benefits under the CBA was proper.

  [2005] KEHC 1699 (KLR) High Court of Kenya 5 October 2005

• JAMES M. KINGARU & 17 OTHERS v J. M. KANGARI & MUHU HOLDINGS LTD & 2 OTHERS [2005] KEHC 3376 (KLR)

  ✦ The application for review is dismissed with costs due to lack of new evidence, due diligence, and inordinate delay.

  [2005] KEHC 3376 (KLR) High Court of Kenya 5 October 2005

• Pioneer General Assurance Society Ltd v Joseph Ndungu t/a Wanjasi Gemstones [2005] KEHC 1464 (KLR)

  ✦ The application for eviction and summary judgment is granted in its entirety. The defendant is ordered to vacate the suit premises and the plaintiff is awarded costs.

  [2005] KEHC 1464 (KLR) High Court of Kenya 5 October 2005

• REPUBLIC v WAZIRI KAHINDI THOYA [2005] KEHC 55 (KLR)

  ✦ The accused is found guilty of murder but insane, and is detained in prison.

  [2005] KEHC 55 (KLR) High Court of Kenya 5 October 2005

• Paul Gitau Ndungu v Republic [2005] KEHC 1350 (KLR)

  ✦ The consecutive sentences are set aside and the appellant is commuted to the period already served.

  [2005] KEHC 1350 (KLR) High Court of Kenya 5 October 2005

• Naomi Wamboi Karanja v Republic [2005] KEHC 1375 (KLR)

  ✦ The court finds that the prosecution failed to prove the subject's guilt and acquits her.

  [2005] KEHC 1375 (KLR) High Court of Kenya 5 October 2005

• JOSEPH MUTAVUTA KINYUA & ANOTHER v PAUL K. CHEMWENO & ANOTHER [2005] KEHC 344 (KLR)

  ✦ The application for dismissal of the suit for want of prosecution is granted.

  [2005] KEHC 344 (KLR) High Court of Kenya 5 October 2005

• NURU BUKHEIT & 4 OTHERS v BUKHEIT MASOUD [2005] KEHC 379 (KLR)

  ✦ The Kadhi Court's order to sell the capital asset before letters of Administration or probate were issued is stayed pending the hearing of the appeal.

  [2005] KEHC 379 (KLR) High Court of Kenya 5 October 2005

• DAVID MBITHI MUSILA v JOSEPH MATHEKA KILULU & 4 OTHERS [2005] KEHC 323 (KLR)

  ✦ The court orders that the defendants be restrained from moving into the plaintiff's land and home, from wasting or subdividing or sharing out the plaintiff's movable and immovable property until the suit is heard and determined.

  [2005] KEHC 323 (KLR) High Court of Kenya 5 October 2005

• PRESTIGE AIR EXPRESS LIMITED V KENYA AIRPORTS AUTHORITY [2005] KEHC 3362 (KLR)

  ✦ The suit is dismissed with costs as it is prematurely filed and the plaintiff did not refer the matter to arbitration as required by the Kenya Airports Authority Act.

  [2005] KEHC 3362 (KLR) High Court of Kenya 4 October 2005

• ANNE NJERI MBUGUA v ANJELO BERTOLACCI & another [2005] KEHC 121 (KLR)

  ✦ The plaintiff's application for mandatory and prohibitory injunction is dismissed with costs.

  [2005] KEHC 121 (KLR) High Court of Kenya 4 October 2005

• DAMARIS WANGECHI KARIUKI V DAMARIS NDUSYA & 3 OTHERS [2005] KEHC 3363 (KLR)

  ✦ The defendant and her 3 children are entitled to inherit the suit land which is the only property left to them by the deceased, Jeremy Gitau Kariuki.

  [2005] KEHC 3363 (KLR) High Court of Kenya 4 October 2005

• Republic v James Wanjohi [2005] KEHC 3290 (KLR)

  ✦ The court finds the accused not guilty of murder and acquits him.

  [2005] KEHC 3290 (KLR) High Court of Kenya 4 October 2005

• Peter Kamwathi v John Mutule Nyenze & another [2005] KEHC 904 (KLR)

  ✦ The applicant/Respondent has flouted procedure by not filing a suit for recovery of costs as required by Section 48 and 49 of the Advocates Act.

  [2005] KEHC 904 (KLR) High Court of Kenya 4 October 2005

• REPUBLIC v KIPKAREN DIVISION LAND DISPUTES TRIBUNAL & ANOTHER EX-PARTE JOSEPH KIBIRGEN CHEPKWONY [2005] KEHC 429 (KLR)

  ✦ The application was not fatally defective and the Notice of Motion was not struck out.

  [2005] KEHC 429 (KLR) High Court of Kenya 4 October 2005

• County Council of Pokot v Kerio Valley Development Authority [2005] KEHC 1330 (KLR)

  ✦ The application for dismissal is dismissed with costs in the cause. The plaintiff is ordered to respond to the notice to produce and comply with the other preliminaries as to discovery and have the matter fixed for hearing without further delay.

  [2005] KEHC 1330 (KLR) High Court of Kenya 4 October 2005

• MARTIN NJAU MBURU V CO-OPERATIVE BANK OF KENYA LTD & ANOTHER [2005] KEHC 599 (KLR)

  ✦ The application for an injunction is dismissed with costs.

  [2005] KEHC 599 (KLR) High Court of Kenya 4 October 2005

• Alternative Media Limited v Safaricom Limited [2005] KEHC 3175 (KLR)

  ✦ Alternative Media is the owner of the copyright in the artistic works and Safaricom has infringed it. Safaricom is ordered to destroy all infringing copies of the scratch cards.

  [2005] KEHC 3175 (KLR) High Court of Kenya 4 October 2005

• RAJESH RUGHANI V FIFTY INVESTMENTS LIMITED & ANOTHER [2005] KEHC 615 (KLR)

  ✦ The suit is dismissed for want of prosecution.

  [2005] KEHC 615 (KLR) High Court of Kenya 3 October 2005