Kenyan case law

• CONSTANTIAN RUTO JEMATIA & another v REPUBLIC [2010] KEHC 1113 (KLR)

  ✦ The appeal is dismissed. The plea of guilty was not equivocal and the trial court had the requisite jurisdiction.

  [2010] KEHC 1113 (KLR) High Court of Kenya 14 October 2010

• IRERI NYAGA v KARANI NGARI & another [2010] KEHC 826 (KLR)

  ✦ The error in the ruling regarding the sale of land does not warrant setting aside the ruling.

  [2010] KEHC 826 (KLR) High Court of Kenya 14 October 2010

• JOSEPH KIARIE MBUGUA v CONSOLIDATED BANK OF KENYA LTD & another [2010] KEHC 319 (KLR)

  ✦ The Plaintiff's suit has abated and is dismissed for want of prosecution. The Defendants are entitled to costs.

  [2010] KEHC 319 (KLR) High Court of Kenya 14 October 2010

• JOHN KIMOI SANG v CALEB SEMO [2010] KEHC 4083 (KLR)

  ✦ The court dismissed the application as it was completely misguided and has no merit.

  [2010] KEHC 4083 (KLR) High Court of Kenya 14 October 2010

• JAMES ISABIRIYE MUGOYA v DEW SECURITY SERVICES LIMITED [2010] KEHC 151 (KLR)

  ✦ The appeal is dismissed with costs, finding that the Managing Director's refusal to attend the examination was contemptuous and that the Court had inherent jurisdiction to ensure compliance with its orders.

  [2010] KEHC 151 (KLR) High Court of Kenya 14 October 2010

• IRERI NYAGA v KARANI NGARI & another [2010] KEHC 859 (KLR)

  ✦ The error in the ruling does not warrant setting aside the ruling as it does not affect the validity of the grant of letters of administration.

  [2010] KEHC 859 (KLR) High Court of Kenya 14 October 2010

• RICHARD EVANS WAFULA v REPUBLIC [2010] KEHC 1111 (KLR)

  ✦ The appeal is dismissed as the plea of guilty was unequivocal and the provisions of Section 348 of the Criminal Procedure Code prohibit an appeal from a plea of guilty.

  [2010] KEHC 1111 (KLR) High Court of Kenya 14 October 2010

• RICCATTI BUSINESS COLLEGE OF EAST AFRICA LIMITED v KYANZAVI FARMERS COMPANY LIMITED [2010] KEHC 290 (KLR)

  ✦ The application for injunction fails and is hereby dismissed with costs.

  [2010] KEHC 290 (KLR) High Court of Kenya 14 October 2010

• ENKASITI FLOWERS GROWERS LIMITED V KENYA REVENUE AUTHORITY [2010] KEHC 7 (KLR)

  ✦ The court finds that the coconut material was classified correctly for tax purposes and the Respondents acted within their mandate.

  [2010] KEHC 7 (KLR) High Court of Kenya 14 October 2010

• REPUBLIC v CHAIRMAN PROVINCIAL LAND DISPUTE APPEALS COMMITTEE Exparte BENGO MUNYASA & 3 others [2010] KEHC 421 (KLR)

  ✦ The court quashed the decision of the Provincial Land Dispute Tribunal and removed it into the court, and condemned the interested party to pay costs.

  [2010] KEHC 421 (KLR) High Court of Kenya 14 October 2010

• M.J.M v REPUBLIC [2010] KEHC 630 (KLR)

  ✦ The conviction and sentence are confirmed

  [2010] KEHC 630 (KLR) High Court of Kenya 14 October 2010

• DAVID SIMIYU WAKHUNGU v REPUBLIC [2010] KEHC 4154 (KLR)

  ✦ The appeal is dismissed. The conviction and sentence are upheld.

  [2010] KEHC 4154 (KLR) High Court of Kenya 13 October 2010

• DANIEL NJOROGE WAMBUI v REPUBLIC [2010] KEHC 4159 (KLR)

  ✦ The appeal is dismissed. The conviction and sentence for rape and assault are upheld.

  [2010] KEHC 4159 (KLR) High Court of Kenya 13 October 2010

• CYRUS NYAGA KABUTE v HOUSING FINANCE CO. LTD & another [2010] KEHC 1032 (KLR)

  ✦ The application is dismissed with costs to the respondents.

  [2010] KEHC 1032 (KLR) High Court of Kenya 13 October 2010

• SAMSON OMOLLO OTIENO v REPUBLIC [2010] KEHC 1298 (KLR)

  ✦ The conviction and sentence are upheld

  [2010] KEHC 1298 (KLR) High Court of Kenya 13 October 2010

• REPUBLIC v ERICK KIBET MAKOKHA [2010] KEHC 525 (KLR)

  ✦ The court will send the accused to prison for eight months from the date of his arrest.

  [2010] KEHC 525 (KLR) High Court of Kenya 13 October 2010

• REPUBLIC v NIKONORY WAKAKA MAKUTO [2010] KEHC 1294 (KLR)

  ✦ The court sentences the accused to seven months in prison.

  [2010] KEHC 1294 (KLR) High Court of Kenya 13 October 2010

• SIMON NJIRU v ANNA WANJIRU & 3 OTHERS [2010] KEHC 1025 (KLR)

  ✦ The court dismissed the application and ordered that each party bears their own costs.

  [2010] KEHC 1025 (KLR) High Court of Kenya 13 October 2010

• MOSES SAUL KHAMATI v SEBIO JUMA KWEYU & another [2010] KEHC 708 (KLR)

  ✦ The Application for Injunction is dismissed with costs to the Respondent.

  [2010] KEHC 708 (KLR) High Court of Kenya 13 October 2010

• REPUBLIC v FESTUS NGUGI NJAGI [2010] KEHC 1453 (KLR)

  ✦ The court declines to release the accused on bail due to the high chances of the accused jumping bail and the seriousness of the offence.

  [2010] KEHC 1453 (KLR) High Court of Kenya 13 October 2010

• ACRES AND HOMES LTD v INSURANCE COMPANY OF E.AFRICA LTD [2010] KEHC 1423 (KLR)

  ✦ The plaintiff’s application must fail and is accordingly dismissed.

  [2010] KEHC 1423 (KLR) High Court of Kenya 13 October 2010

• JAMES W. KIGO NGARAMA v JAMES MBURU GAKUHA [2010] KEHC 1313 (KLR)

  ✦ The Plaintiff's application for an interlocutory injunction and mandatory injunction is dismissed with costs.

  [2010] KEHC 1313 (KLR) High Court of Kenya 13 October 2010

• REPUBLIC V TONGAREN DIVISION LAND DISPUTES TRIBUNAL& another Ex-parte ELPHAS NYAMBAKA COSMA [2010] KEHC 1233 (KLR)

  ✦ The tribunal acted in excess of its jurisdiction and the award is null and void. The application is allowed.

  [2010] KEHC 1233 (KLR) High Court of Kenya 13 October 2010

• NDUNDA MIANO v MUGO RIAKATHARI [2010] KEHC 1020 (KLR)

  ✦ The court allows the appellant's application to set aside the dismissal, but with a condition that the appellant pays the respondent's thrown away costs

  [2010] KEHC 1020 (KLR) High Court of Kenya 13 October 2010

• METROPOLITAN HEALTH SERVICES LTD v THE BOARD OF GOVERNERS.BURUBURU GIRLS’ SCHOOL [2010] KEHC 1322 (KLR)

  ✦ The application for injunction has no merits and is dismissed with costs.

  [2010] KEHC 1322 (KLR) High Court of Kenya 13 October 2010