Kenyan case law

REPUBLIC V CENTRAL PROVINCIAL AND APPEAL TRIBUNAL & 5 OTHERS EX-PARTE LEONARD MWAI GACHOKI [2012] KEHC 1086 (KLR)

✦ The leave to operate as stay is vacated as the substantive motion was not filed within 21 days

AGNES MUENI MUTUKU & ANOTHER V REPUBLIC [2012] KEHC 1230 (KLR)

✦ The conviction is upheld, and the appeals are dismissed.

PETER MAINGI THURANIRA & 3 others v REPUBLIC [2012] KEHC 388 (KLR)

✦ The appeals have merits. The conviction and sentence are quashed. The appellant is released.

CHUMA FABRICATORS LIMITED V ACCROW SUPPLIES LIMITED [2012] KEHC 1211 (KLR)

✦ The court finds in favor of the Plaintiff for the amount of Kshs.1,482,628.30 and interest at court rates, and dismisses the Defendant's counter-claim.

COMMISSIONER OF DOMESTIC TAXES V HOUSING FINANCE COMPANY LIMITED [2012] KEHC 1013 (KLR)

✦ The premiums paid for the Group Life Insurance policy are not taxable gains and do not fall under Section 5(2)(f) of the Income Tax Act.

MIRKO BLAETTERMAN (suing through his Power of Attorney) SHABIR HATIM ALI v DAVID MWANGI MUIRURI & 2 others [2012] KEHC 1235 (KLR)

✦ The court confirmed the earlier orders reinstating the plaintiff into possession of the suit property pending determination of the stated cases.

LINNER WAMBALA V CHARLES OWINO & 12 OTHERS [2012] KEHC 1198 (KLR)

✦ The court directs the parties to comply with Order 11 within 14 days and the plaintiff to set the case for case conference within 21 days.

BLUE SHIELD INSURANCE CO. LTD V RATEMO OIRA & CO. ADVOCATES [2012] KEHC 483 (KLR)

✦ The application is granted, and the plaintiff will have their costs of the application.

NICHOLAS NGUTHI KIVINDA V RACHEL M. KAGUNDU [2012] KEHC 1138 (KLR)

✦ The application for substitution of the deceased defendant is dismissed.

REPUBLIC V NATIONAL CEREALS & PRODUCE BOARD EXPARTE NAIBEI GERISHON KISACHI [2012] KEHC 782 (KLR)

✦ The High Court lacks jurisdiction to hear the dispute between the applicant and the respondent.

MANASSEH LUMUMBA SHIVALU V GARI TOO BARNO [2012] KEHC 785 (KLR)

✦ The application is allowed, and the order made on 21st September, 2010 is set aside. The applicant's application dated 1st July, 2010 is reinstated.

DANIEL KIPKOECH KIGEN V REPUBLIC [2012] KEHC 1187 (KLR)

✦ The conviction is upheld, and the death sentence is set aside and substituted with life imprisonment.

REPUBLIC V UASIN GISHU LAND DISPUTES TRIBUNAL & ANOTHER EX-PARTE CHELIMO ROTICH KAINO [2012] KEHC 439 (KLR)

✦ The Order of Certiorari is available to the applicant, and the decision/award of the 1st Respondent is quashed.

BENJAMIN KINYANZUI KITOLO & ANOTHER V BONIFACE MUIYA KIMATHI [2012] KEHC 998 (KLR)

✦ The parties are directed to attempt to settle the matter out of court

PETER MUTEMI MWENDWA v RACHAEL SALA KILUNGU (Civil Appeal 3 of 2012) [2012] KEHC 162 (KLR) (6 November 2012)

✦ The case is remitted to the lower court for retrial to determine paternity and the parties' earnings, with the best interest of the minor being paramount.

M’MWIRABUA M’AMWARI V M’MBIKO THAKUCHIANA & 2 OTHERS [2012] KEHC 940 (KLR)

✦ The 1st defendant's preliminary objection is dismissed with costs to the plaintiff.

MICHAEL OCHIENG’ ODERA V ATTORNEY GENERAL [2012] KEHC 1201 (KLR)

✦ The appellant's appeal succeeds, and the trial court's decision is set aside. The appellant proves his case on a balance of probability and the respondent acted maliciously.

HUSSEIN SALIM SHABANI & ANOTHER V REPUBLIC [2012] KEHC 1207 (KLR)

DATAGRUAD DISTRIBUTORS LIMITED V VIRGINIA NJERI KIGO & 3 OTHERS [2012] KEHC 1247 (KLR)

✦ The 1st Defendant is ordered to furnish security in the sum of Kshs.43,000,000 within 7 days of the ruling, or an attachment of the properties mentioned in the application will be made before judgment.

SAMMY MWANGANGI & 9 OTHERS V COMMISSIONER OF LANDS & 9 OTHERS [2012] KEHC 688 (KLR)

✦ The plaintiffs' notice of motion is dismissed with costs to the defendants.

JOHN FRED ODUOR V WELLINGTON NJOROGE [2012] KEHC 1197 (KLR)

✦ The court awards Kshs.1,460,000/= in damages under the Fatal Accident's Act, Kshs.172,109/= under the Law Reform Act, and costs to the plaintiff.

JOHN MUGO GACHUKI V NEW NYAMAKIMA CO. LTD [2012] KEHC 1153 (KLR)

✦ The Notice of Motion is struck out but with no order as to costs.

DANSON MURIUKI KIHARA V AMOS KUTHUA GATUNGO [2012] KEHC 1099 (KLR)

✦ The learned trial Magistrate's judgment is confirmed, and the appeal is dismissed with costs.

DAVID CHEROTICH LOTT & ANOTHER V JANE CHEROTICH LOTT [2012] KEHC 854 (KLR)

✦ The court orders that interest accrues on the reduced sum of Kshs. 350,000/- as general damages from 16th June, 2010 until payment in full, and on the special damages of Kshs. 7,000/- from the date of filing suit until payment in full.

REPUBLIC v VITALIS NONGA SHUMA & 9 Others [2012] KEHC 1162 (KLR)

✦ The court finds the accused guilty of assault causing actual bodily harm and sets aside the acquittal.