Kenyan case law

• SAMUEL NDEGWA & another v REPUBLIC [2006] KEHC 1131 (KLR)

  ✦ The convictions are quashed and the appellants are set at liberty

  [2006] KEHC 1131 (KLR) High Court of Kenya 12 October 2006

• PETER NTEERE v ANDREA EMUNUEL MAKOKHA [2006] KEHC 1028 (KLR)

  ✦ Judgment is entered for the plaintiff and against the defendant as prayed in the plaint with costs and interest.

  [2006] KEHC 1028 (KLR) High Court of Kenya 12 October 2006

• DELPHIS BANK LIMITED v DOUBLE FOUR SERVICES LIMITED & 2 others [2006] KEHC 1103 (KLR)

  ✦ The application for summary judgment is dismissed as there is a triable issue regarding the succession of the bank's facilities.

  [2006] KEHC 1103 (KLR) High Court of Kenya 12 October 2006

• Joseph Kuria Ndungu & another v Republic [2006] KEHC 532 (KLR)

  ✦ The appellants' conviction for robbery with violence is quashed, and they are convicted of handling stolen property. The death sentence is set aside, and the appellants are released from prison.

  [2006] KEHC 532 (KLR) High Court of Kenya 12 October 2006

• REPUBLIC v RICHARD SHIRIBWA [2006] KEHC 122 (KLR)

  ✦ The accused is put on his defence as the prosecution has established a prima facie case.

  [2006] KEHC 122 (KLR) High Court of Kenya 12 October 2006

• PETER NJENGA GATHEA v POSTAL CORPORATION OF KENYA [2006] KEHC 1218 (KLR)

  ✦ The appeal is dismissed with costs to the Respondent.

  [2006] KEHC 1218 (KLR) High Court of Kenya 12 October 2006

• ANGELA WAIRIMU GETHI v CHARLES WAHOME GETHI [2006] KEHC 551 (KLR)

  ✦ The Defendant's possession of the land was a tenant at will and not a licence.

  [2006] KEHC 551 (KLR) High Court of Kenya 12 October 2006

• KENNEDY MACHUKA MOTOKI v REPUBLIC [2006] KEHC 3363 (KLR)

  ✦ The appeal is allowed to the extent that the jail terms of 10 years and 15 years are set aside and each reduced to a term of 5 years to run concurrently from the date of conviction.

  [2006] KEHC 3363 (KLR) High Court of Kenya 12 October 2006

• David Karanja Caleb v Republic [2006] KEHC 531 (KLR)

  ✦ The appeal is allowed. The conviction of the appellant is quashed. He is acquitted of the charge of Robbery with violence under Section 296 (2) of the Penal Code. He is ordered set at liberty and released from prison unless otherwise lawfully held.

  [2006] KEHC 531 (KLR) High Court of Kenya 12 October 2006

• LOISE WAIRIMU MWANGI & another v JOSEPH WAMBUE KAMAU [2006] KEHC 1159 (KLR)

  ✦ The court awards Kshs.3,023,357.40 to the plaintiffs, including damages for pain and suffering, loss of expectation of life, loss of dependency, and special damages.

  [2006] KEHC 1159 (KLR) High Court of Kenya 12 October 2006

• LUCY WANJIKU MWENDA v CHARITY NYOKABI WAINAINA & another [2006] KEHC 1070 (KLR)

  ✦ The court grants leave to the applicant to file the appropriate suit out of time as against the respondent.

  [2006] KEHC 1070 (KLR) High Court of Kenya 12 October 2006

• NAKURU NURSERY SCHOOL v BILHA WAMAITHA MAINA [2006] KEHC 1147 (KLR)

  ✦ The court dismisses the appeal with costs to the respondent.

  [2006] KEHC 1147 (KLR) High Court of Kenya 12 October 2006

• KENYA TOURIST DEVELOPMENT CORPORATION v TSAVO MOTEL LIMITED [2006] KEHC 3412 (KLR)

  ✦ The court dismisses the suit with costs to the defendants and costs of the application to be borne by the plaintiff.

  [2006] KEHC 3412 (KLR) High Court of Kenya 12 October 2006

• Isaac Alfred Amunga v Republic [2006] KEHC 48 (KLR)

  ✦ The appeal is allowed, and the sentences of 18 years and 10 years imprisonment are set aside. The appellant is sentenced to 5 years imprisonment on each count to run concurrently from the date of conviction.

  [2006] KEHC 48 (KLR) High Court of Kenya 12 October 2006

• ALDRIN OJIAMBO T/a OJIAMBO & CO. ADVOCATES v MOHAMEDRAZA HUSSEIN JAGANI & another [2006] KEHC 900 (KLR)

  ✦ The learned taxing officer erred in principle by applying Schedule 5 and the decision on items 1 and 2 are set aside. The Bill of Costs shall be remitted to the same taxing officer for recalculating the costs for items 1 and 2 in accordance with the appropriate scales under Schedule 1 of the Advocates Remuneration Order.

  [2006] KEHC 900 (KLR) High Court of Kenya 12 October 2006

• MORRIS ODUOR OTIENO v REPUBLIC [2006] KEHC 3401 (KLR)

  ✦ Conviction affirmed, sentence corrected to 4 years for each limb of each count, to run concurrently

  [2006] KEHC 3401 (KLR) High Court of Kenya 12 October 2006

• D. NJOGU & COMPANY ADVOCATES v PANAFCON ENGINEERING LIMITED [2006] KEHC 1076 (KLR)

  ✦ The Taxing Master's decision on the Advocate's/Client Bill of Costs is set aside and reviewed.

  [2006] KEHC 1076 (KLR) High Court of Kenya 12 October 2006

• MAKORI ZACHARIA v KISII BROADWAYS [2006] KEHC 58 (KLR)

  ✦ The application to set aside the judgment and set the suit down for hearing inter partes is dismissed. The suit was not heard ex parte, and the defendant was properly represented by counsel throughout the proceedings.

  [2006] KEHC 58 (KLR) High Court of Kenya 12 October 2006

• PETER MACHARIA MUKABI & another v STANLEY KIMANI MUKABI [2006] KEHC 1036 (KLR)

  ✦ The plaintiff's suit is dismissed for want of prosecution with costs.

  [2006] KEHC 1036 (KLR) High Court of Kenya 12 October 2006

• REPUBLIC v RICHARD SHIRIBWA [2006] KEHC 510 (KLR)

  ✦ The court finds that sufficient evidence has been adduced to establish a prima facie case against the accused, and therefore puts the accused on his defence.

  [2006] KEHC 510 (KLR) High Court of Kenya 12 October 2006

• MILLICENT ACHIENG ODHIAMBO v AKAMBA PUBLIC ROAD SERVICES LTD & ANOTHER [2006] KEHC 1160 (KLR)

  ✦ The proceedings should be stayed to await the final determination of the appeal.

  [2006] KEHC 1160 (KLR) High Court of Kenya 12 October 2006

• ISAAC ALFRED AMUNGA v REPUBLIC [2006] KEHC 387 (KLR)

  ✦ The appeal is allowed, and the sentences of 18 years and 10 years imprisonment are set aside. The appellant is sentenced to 5 years imprisonment on each count, to run concurrently.

  [2006] KEHC 387 (KLR) High Court of Kenya 12 October 2006

• PETER MUTURI KAMAU v REPUBLIC [2006] KEHC 1138 (KLR)

  ✦ The appellant's conviction is quashed and he is set at liberty

  [2006] KEHC 1138 (KLR) High Court of Kenya 12 October 2006

• REPUBLIC v MARY NJERI & 2 OTHERS EX-PARTE BENSON MACHARIA GATHIAKA [2006] KEHC 936 (KLR)

  ✦ The ex-parte applicant's application is dismissed.

  [2006] KEHC 936 (KLR) High Court of Kenya 12 October 2006

• SAMWEL GATHOGO (Alias) KANYOTE v REPUBLIC (? 453 of 2006) [2006] KEHC 1064 (KLR) (11 October 2006)

  ✦ The application is dismissed in its totality.

  [2006] KEHC 1064 (KLR) High Court of Kenya 11 October 2006