Kenyan case law

• KENYA FARMERS ASSOCIATION LTD v NATIONAL BANK OF KENYA LTD [2009] KEHC 971 (KLR)

  ✦ The application for review is dismissed.

  [2009] KEHC 971 (KLR) High Court of Kenya 30 October 2009

• NJAU GICHIRA v WATER MASTERS KENYA LTD. & another [2009] KEHC 1412 (KLR)

  ✦ The High Court ordered the release of the motor vehicle KAV 956 Q and the mounted drilling rig to the plaintiff.

  [2009] KEHC 1412 (KLR) High Court of Kenya 30 October 2009

• David George Bell & another v David George Bell & another [2009] KEHC 1162 (KLR)

  ✦ The application is dismissed with costs to the plaintiff respondent.

  [2009] KEHC 1162 (KLR) High Court of Kenya 30 October 2009

• HARRISON MAINA KARIUKI & 2 OTHERS v JANE WAITHIRA MUNGAI & ANOTHER [2009] KEHC 1230 (KLR)

  ✦ The application is allowed, and the appeal is dismissed with costs to the applicants.

  [2009] KEHC 1230 (KLR) High Court of Kenya 30 October 2009

• MURIU MUNGAI & CO. ADVOCATES v NEW KENYA CO-OPERATIVE CREAMERIES LTD [2009] KEHC 718 (KLR)

  ✦ The application is allowed with costs to the applicant. The taxation and certificate dated 25/7/2007 are hereby set aside and the application is referred back to the Taxing Officer to carry out the exercise in accordance with proper principles.

  [2009] KEHC 718 (KLR) High Court of Kenya 30 October 2009

• KENYA ANTI-CORRUPTION COMMISSION v J.S.K. (CARGO) LIMITED & AOTHER [2009] KEHC 765 (KLR)

  ✦ The court finds that the Kenya Anti-Corruption Commission has locus standi to bring the suit and that the suit is not time-barred.

  [2009] KEHC 765 (KLR) High Court of Kenya 30 October 2009

• REPUBLIC v SENIOR RESIDENT MAGISTRATE, NAKURU & ANOTHER [2009] KEHC 1141 (KLR)

  ✦ The application for prohibition is allowed, and the award is ordered not to be adopted by the court.

  [2009] KEHC 1141 (KLR) High Court of Kenya 30 October 2009

• NATIONAL BANK OF KENYA v STANLEY GATHURU NGATA [2009] KEHC 1298 (KLR)

  ✦ The court finds in favor of the plaintiff, National Bank of Kenya, in the sum of Kshs. 1,372,216.00 as sought under prayer (a) of the plaint. Interest on the said sum is granted at the rate of 22% as agreed between the parties.

  [2009] KEHC 1298 (KLR) High Court of Kenya 30 October 2009

• REPUBLIC v SENIOR RESIDENT MAGISTRATE, NAKURU & ANOTHER Ex-PARTE MARGARET MUTHONI MWANGI [2009] KEHC 1140 (KLR)

  ✦ The application has merit and the court orders that the parties bear their own costs.

  [2009] KEHC 1140 (KLR) High Court of Kenya 30 October 2009

• NATIONAL BANK OF KENYA LTD v PHOENIX OF EAST AFRICA ASSURANCE CO. LTD. [2009] KEHC 1008 (KLR)

  ✦ The court declared the contract of insurance valid and subsisting and ordered the defendants to pay the plaintiff the sum of Kshs.2,200,650 due under the contract, with 80% and 20% of the amount to be paid by the first and second defendants respectively.

  [2009] KEHC 1008 (KLR) High Court of Kenya 30 October 2009

• ONGOTO & CO. ADVOCATES v KENYA POWER & LIGHTING CO. LTD [2009] KEHC 1165 (KLR)

  ✦ The court dismisses the application and finds no merit in it, upholding the taxing officer's decision.

  [2009] KEHC 1165 (KLR) High Court of Kenya 30 October 2009

• ELIAS KIRUJA v JOSEPH KIBITHE SIRONGA [2009] KEHC 1281 (KLR)

  ✦ The judgment of the learned trial magistrate is set aside, and the suit is dismissed with costs awarded to the appellant.

  [2009] KEHC 1281 (KLR) High Court of Kenya 30 October 2009

• POLYCAP ODHIAMBO OYARE & 3 OTHERS v CHIEF MAGISTRATE’S COURT AT KIBERA & 2 OTHERS [2009] KEHC 705 (KLR)

  ✦ The petitioners are properly before the High Court and their application is not defective.

  [2009] KEHC 705 (KLR) High Court of Kenya 30 October 2009

• NAHYER SHARIFF HASSAN ALWI v HOUSING FINANCE COMPANY OF KENYA LTD & 2 OTHERS [2009] KEHC 1080 (KLR)

  ✦ The suit is not concluded and the 2nd and 3rd Defendants are entitled to change their advocate.

  [2009] KEHC 1080 (KLR) High Court of Kenya 30 October 2009

• M’ITIMITU M’MWITHIRWA v DIOCESE OF MERU & another [2009] KEHC 1288 (KLR)

  ✦ The plaintiff's claim is dismissed with costs, and the 2nd defendant's counterclaim succeeds with costs awarded to the 2nd defendant. The plaintiff is ordered to give vacant possession of the land within 30 days and pay general damages for occupation.

  [2009] KEHC 1288 (KLR) High Court of Kenya 30 October 2009

• KENNEDY OSEUR v MUSA LOCHO & 2 others [2009] KEHC 1301 (KLR)

  ✦ The court assesses general damages for pain and suffering at Kshs.2,089,479, future medical treatment at Kshs.1,200,000, and special damages at Kshs.710,521, totaling Kshs.4,000,000. Defendants are ordered to pay the plaintiff a total of Kshs.2,400,000, plus costs and interest.

  [2009] KEHC 1301 (KLR) High Court of Kenya 30 October 2009

• In Re Span Image FZC & another [2009] KEHC 879 (KLR)

  ✦ The petition is stayed pending the outcome of the arbitration. The irregularities in the petition are procedural and do not affect the substance of the matter.

  [2009] KEHC 879 (KLR) High Court of Kenya 30 October 2009

• RUTH KINYA M’MARETE v GERALD THURANIRA MARETE [2009] KEHC 894 (KLR)

  ✦ Maritha Kathambi is a wife as per the definition in the Law of Succession Act, but her entitlement over the property will be reduced due to her not living with the deceased for many years prior to his death and her children being brought up by the petitioner.

  [2009] KEHC 894 (KLR) High Court of Kenya 30 October 2009

• MOHAMUD MOHAMED EMAN v KENYA COMMERCIAL BANK LTD & 2 OTHERS [2009] KEHC 1240 (KLR)

  ✦ The court allows the application and grants the orders sought by the plaintiff.

  [2009] KEHC 1240 (KLR) High Court of Kenya 30 October 2009

• BADRUDIN HUSSEIN HAJI ISSA v REPUBLIC [2009] KEHC 689 (KLR)

  ✦ Conservatory or interim orders issued on 30th April, 2009 are vacated.

  [2009] KEHC 689 (KLR) High Court of Kenya 30 October 2009

• MOHAMUD MOHAMED EMAN v KENYA COMMERCIAL BANK LTD & 2 others [2009] KEHC 1241 (KLR)

  ✦ The court allows the application and grants the temporary injunction, finding that the plaintiff was not properly informed about the terms of the charge.

  [2009] KEHC 1241 (KLR) High Court of Kenya 30 October 2009

• A.I.W v H.J.K [2009] KEHC 1051 (KLR)

  ✦ The marriage is dissolved

  [2009] KEHC 1051 (KLR) High Court of Kenya 30 October 2009

• KENNEDY OSEUR v MUSA LOCHO & ANOTHER [2009] KEHC 1299 (KLR)

  ✦ The court assesses the Plaintiff's damages and orders the Defendants to pay a total of Kshs.2,400,000.

  [2009] KEHC 1299 (KLR) High Court of Kenya 30 October 2009

• ALI MOHAMED MWINZAGU v DAVID KARISA TSUI & 2 OTHERS [2009] KEHC 1090 (KLR)

  ✦ The court finds the defendants trespassers and orders them to vacate the land. The plaintiff is awarded nominal damages and costs.

  [2009] KEHC 1090 (KLR) High Court of Kenya 30 October 2009

• MARY WANJIRU WARUIWA v ELIAS MWANGI MAINA [2009] KEHC 1217 (KLR)

  ✦ The application is dismissed as there is no merit in it and the applicant has not established an arguable appeal with chances of success.

  [2009] KEHC 1217 (KLR) High Court of Kenya 30 October 2009