Kenyan case law

MBURU GATHEE t/a GATHEE ENTERPRISES V NATIONAL INDUSTRIAL CREDIT BANK LTD [2005] KEHC 554 (KLR)

✦ Both the plaintiff's and defendant's cases fail, and both are dismissed.

Kyalo Wambua v Republic [2005] KEHC 3143 (KLR)

✦ The court allows the appeal and sentences the appellant to three years imprisonment on each count but with the sentences running concurrently.

Joshua C Cherutich & another v Daniel K Kirui & another [2005] KEHC 758 (KLR)

✦ The application filed by the applicant lacks merit and is dismissed with costs to the respondents.

Isaac Moracha Ongwacho v Dennis Willy Michuki & another [2005] KEHC 1670 (KLR)

✦ The ex-parte judgment is upheld, and the defendants' application is dismissed with costs.

Mradula Suresh Kantaria v Republic [2005] KEHC 3329 (KLR)

✦ The application is dismissed as fatally defective due to the improper use of a Chamber Summons instead of an originating summons.

In Re the Estate of Philip Kiprono Bett (Deceased) [2005] KEHC 431 (KLR)

✦ The grant of Letters of Administration and Confirmation by the Principal Magistrate at Kapsabet were contrary to the requirements of the law and are hereby revoked and annulled.

Esther Chemeli Keter v Charles Kirui & 3 others [2005] KEHC 757 (KLR)

✦ The plaintiff's suit is not dismissed, but the 3rd defendant's application is disallowed. The plaintiff is ordered to fix the hearing of the suit within three months from the date of the judgment. The plaintiff is ordered to pay the costs of the application.

RAPHAEL KAVAI MAITHA & 3 OTHERS V JAYS SYNDICATE LTD & 3 OTHERS [2005] KEHC 586 (KLR)

✦ The court orders Mr. Esmail to be examined on whether he and his mother are the true directors of the 3rd defendant

NZUKI MWINZI v KENYA NATIONAL ASSURANCE CO.(2001) LTD & ANOTHER [2005] KEHC 116 (KLR)

✦ The suit and application are not res judicata, and the 2nd Defendant cannot evict the Plaintiff from the suit premises.

NZUKI MWINZI V KENYA NATIONAL ASSURANCE CO. (2001) LTD & ANOTHER [2005] KEHC 611 (KLR)

✦ The Plaintiff may not prosecute his application against the 2nd Defendant due to res judicata. However, the 2nd Defendant should not be permitted to evict the Plaintiff from the suit premises.

CMC Motors Group v Reuben Wanyonyi Simiyu [2005] KEHC 1275 (KLR)

✦ The application is dismissed with costs. The suit shall be heard and determined where it was properly filed by the respondent.

David M Kinyua v Paul Kimani [2005] KEHC 3302 (KLR)

James Githinji Kiara v William Wachira Mwaniki [2005] KEHC 411 (KLR)

✦ The application for extension of time within which to seek leave to apply for orders of certiorari is accordingly rejected.

In Re the Estate of Major Hudson Wafula (Deceased) [2005] KEHC 391 (KLR)

✦ The court finds that Margaret Kamene Wafula can legally bring the application and that there has been interference with the deceased's estate. The court denies the application for an interlocutory injunction.

Kwanza Estates Limited v Municipal Council of Nakuru [2005] KEHC 1668 (KLR)

✦ The plaintiff has failed to establish a prima facie case and the application is dismissed with costs.

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

✦ The suit is dismissed for want of prosecution.

ABDIKADIR SHEIKH NUR V SAMIR MOHAMED ABDO & 3 OTHERS [2005] KEHC 3107 (KLR)

✦ The Court grants an interim injunction restraining the Defendants from selling, disposing of, or interfering with the Plaintiff's tenancy until the hearing and determination of the case.

Paul Kinuthia Thiga v Republic [2005] KEHC 1362 (KLR)

✦ The appeal is allowed, and the additional sentence of 10 months imprisonment is set aside. The appellant is ordered to be set at liberty forthwith unless otherwise lawfully held.

Abdirizak Hamed Ibrahim v Republic [2005] KEHC 1119 (KLR)

✦ The Court granted the prayers to stay the criminal case and maintain the status quo until judgment.

Christian Juma Wambwire v Attorney General [2005] KEHC 944 (KLR)

✦ The suit is marked as settled upon the payment of Kshs.590,000 all inclusive. The Plaintiff is not entitled to any further relief.

East African Power Management Limited v Westmont Power (Kenya) Ltd (Civil Case 18 of 2004) [2005] KEHC 753 (KLR) (30 September 2005)

✦ The court grants a stay limited to maintaining the order for the attachment before judgment of the defendant's Fuel and Power Barge, subject to the plaintiff depositing a sum of USD 442,641.23 as security for any loss the defendant may suffer.

Kenneth Maina Mwangi & 5 others v Republic [2005] KEHC 3328 (KLR)

✦ The appeals are allowed, convictions are quashed, and sentences are set aside.

Moi Ochieng Omolo v Republic [2005] KEHC 1662 (KLR)

✦ The appeal is allowed, the conviction of the appellant is quashed, and the sentence imposed is set aside.

Tembo Investments Limited v Josephat Kazungu [2005] KEHC 1088 (KLR)

✦ The appeal is allowed with costs, and the court below's judgment is set aside.

AWM v RM [2005] KEHC 1242 (KLR)

✦ The Plaintiff and Defendant are presumed to be married in law between 1994 and February 2001. The marriage is dissolved. The Defendant is ordered to pay a secured maintenance of Kshs. 350,000.