High Court of Kenya judgments

BENARD SHINALI MASAKA v BONI KHALWALE & 2 others [2010] KEHC 1430 (KLR)

✦ The Application must collapse as there is no jurisdiction to grant the prayers and no facts admitted by the Respondents.

[2010] KEHC 1430 (KLR) High Court of Kenya 18 October 2010

REPUBLIC v DICKSON OMBONYA WAMBANI [2010] KEHC 567 (KLR)

✦ The accused is found not guilty and acquitted

[2010] KEHC 567 (KLR) High Court of Kenya 18 October 2010

DAVID MUIGAI MUCERU v REPUBLIC & another [2010] KEHC 4161 (KLR)

✦ The appeal is likely to succeed and the property should be preserved pending the appeal.

[2010] KEHC 4161 (KLR) High Court of Kenya 18 October 2010

REPUBLIC v IBRAHIM FONDO BIRYA & 2 Others [2010] KEHC 575 (KLR)

✦ The accused are convicted of manslaughter.

[2010] KEHC 575 (KLR) High Court of Kenya 18 October 2010

ISAIAH KINYUA MUTURIA v MR. MANGAA (Civil Suit 228 of 2010) [2010] KEHC 623 (KLR) (18 October 2010) (Ruling)

✦ The application is granted, and the amended pleadings shall be filed and served within 14 days. The defendants shall file and serve their respective amended defences and defences within 14 days of service. The status quo shall be maintained pending the inter-parties hearing of prayer 3 herein.

[2010] KEHC 623 (KLR) High Court of Kenya 18 October 2010

MUSA INJIRA CHEKUKU v FRANCIS KHATERA CHIMASIA [2010] KEHC 710 (KLR)

✦ The status quo relating to the suit land is maintained, with the Applicant to remain in occupation of only 1⁄4 acre of the land on condition that he will not put up any new structure or plant any new crops, save subsistence crops like maize and beans until the Originating Summons is heard and determined.

[2010] KEHC 710 (KLR) High Court of Kenya 18 October 2010

PAUL NGUGI WAINAINA v REPUBLIC [2010] KEHC 1198 (KLR)

✦ The appeal is dismissed without merit.

[2010] KEHC 1198 (KLR) High Court of Kenya 18 October 2010

MARY WANJIRU NJUGUNA v KIBUI GACHOKA & 4 others [2010] KEHC 1256 (KLR)

✦ The application is allowed, and the Plaintiff shall be registered as the proprietor of 2.20 acres of land parcel No. Kiganjo/Kiganjo/65 as provided in the decree. The remainder of the land shall be registered in the name of the Deputy Registrar High Court to hold in trust for the estate of the late Gachoka Kinuthia.

[2010] KEHC 1256 (KLR) High Court of Kenya 18 October 2010

JOHN PETER KAMAU RUHANGI v KENYA FOREST SERVICE [2010] KEHC 1222 (KLR)

✦ The Plaintiff has not established a prima facie case for an interlocutory injunction and the application is dismissed with costs.

[2010] KEHC 1222 (KLR) High Court of Kenya 18 October 2010

GURNAM SINGAM v REPUBLIC (Miscellaneous Application 258 of 2010) [2010] KEHC 1196 (KLR) (18 October 2010) (Ruling)

✦ The court reduces the cash bail to Shs. 100,000/= in every court and does not consolidate the criminal cases.

[2010] KEHC 1196 (KLR) High Court of Kenya 18 October 2010

LAZARO KABEBE & NDEGE MAKAU & another [2010] KEHC 1144 (KLR)

✦ The application is misconceived and lacks merit, and is accordingly dismissed.

[2010] KEHC 1144 (KLR) High Court of Kenya 18 October 2010

REPUBLIC v HASSAN NGUMBAO MASHA & another [2010] KEHC 981 (KLR)

✦ The accuseds are acquitted under section 306 (1) of the Criminal Procedure Code.

[2010] KEHC 981 (KLR) High Court of Kenya 18 October 2010

In Re Estate of MWATHA GICHOHI (DECEASED) [2010] KEHC 1263 (KLR)

✦ The court finds that the entire estate should be preserved pending the determination of the application for revocation and annulment of the grant.

[2010] KEHC 1263 (KLR) High Court of Kenya 16 October 2010

LUMUMBA MAMMA & KALUMA v KENYA ELECTRICITY GENERATING COMPANY (Civil Case 699 of 2008) [2010] KEHC 1154 (KLR) (Civ) (16 October 2010) (Ruling)

✦ Defendant's defence is struck out and judgment is entered for Plaintiff as prayed in the Plaint.

[2010] KEHC 1154 (KLR) High Court of Kenya 16 October 2010

JOHN KALANZA v MWENDE KINYALI [2010] KEHC 873 (KLR)

✦ The appeal is dismissed, and the order of stay of execution is set aside.

[2010] KEHC 873 (KLR) High Court of Kenya 15 October 2010

JAMLECK MUCHIRA WANJAU v CHARLES MAINA MURIUKI [2010] KEHC 681 (KLR)

✦ The Plaintiff is declared to have acquired 2 acres by adverse possession within L.R. NO. MUTIRA/KAGUYU/1049.

[2010] KEHC 681 (KLR) High Court of Kenya 15 October 2010

SAFENET INVESTMENTS LTD v RUNDA GARDENS DEVELOPMENT LTD [2010] KEHC 591 (KLR)

✦ Application for striking out pleadings dismissed

[2010] KEHC 591 (KLR) High Court of Kenya 15 October 2010

MKUKI RANCH LTD v MWAURA BAJITE & 8 others [2010] KEHC 1415 (KLR)

✦ The application to set aside the order of dismissal is allowed, and an adjournment is substituted subject to the 1st defendant paying court adjournment fees and the day's costs.

[2010] KEHC 1415 (KLR) High Court of Kenya 15 October 2010

JOHN NGOTHO GICHUIRI v REPUBLIC [2010] KEHC 44 (KLR)

✦ The sentence is set aside and the appellant is sentenced to three years imprisonment.

[2010] KEHC 44 (KLR) High Court of Kenya 15 October 2010

NIXON OMWERI OCHAKO v REPUBLIC [2010] KEHC 905 (KLR)

✦ The sentence is not manifestly harsh and excessive, and the court finds no grounds for revision.

[2010] KEHC 905 (KLR) High Court of Kenya 15 October 2010

DOUGLAS OMBIRO MOMANYI & another v REPUBLIC [2010] KEHC 903 (KLR)

✦ The court finds the sentence illegal and interferes with it, reducing the fine to Kshs. 500 and the imprisonment to 14 days.

[2010] KEHC 903 (KLR) High Court of Kenya 15 October 2010

REPUBLIC v DANSON MGUNYA & another [2010] KEHC 4116 (KLR)

✦ The court held that the accused have a Constitutional Right to be released on bail, but the most important criterion is the accused's availability for trial. Bail was refused due to the nature and gravity of the offence.

[2010] KEHC 4116 (KLR) High Court of Kenya 15 October 2010