Kenyan case law

JUMA RASHID LOLWE v REPUBLIC [2010] KEHC 1427 (KLR)

✦ The appeal is dismissed. The Trial Magistrate's decision is upheld.

AMINGA OCHOLA OOGA v REPUBLIC [2010] KEHC 569 (KLR)

✦ The appeal is dismissed as there is no merit in it.

REUBEN CHERUTICH v REPUBLIC [2010] KEHC 1290 (KLR)

✦ The conviction is for attempted theft, not stealing motor vehicle parts.

REUBEN KAGALI CHANGWEYA v REPUBLIC [2010] KEHC 1112 (KLR)

✦ The appeal is dismissed as the charge was not defective, the plea was unequivocal, and the sentence was fair.

ERIC ODHIAMBO & another v SIMON MANNON OGUTU ADERE & another [2010] KEHC 910 (KLR)

✦ The application to set aside the leave to apply for judicial review and strike out the notice of motion is dismissed with costs to the ex-parte applicants and respondents.

In Re Estate of HARUN MWANIKI ALIAS ARON KANGU MWANIKI ALIAS HARON KANGU MWANIKI – DECEASED [2010] KEHC 1340 (KLR)

✦ The applicants' application for revocation and annulment of the grant is dismissed with no order as to costs.

KENYA CHRISTIAN INDUSTRIAL TRAINING INSTITUTE v ABDULAHI MOHAMMED HUSSEIN [2010] KEHC 1227 (KLR)

✦ The court finds that the Plaintiff has not shown that the Defendant is constructing in a manner that damages its property. The balance of convenience tilts in favor of the Defendant.

AGNES WAITHERA MWANGI & 7 others v MIARAHO LIMITED [2010] KEHC 1226 (KLR)

✦ The application and the entire suit are hereby struck out with costs.

CLIVE MUTISO & another v MITUNDU HOLDINGS LIMITED [2010] KEHC 1253 (KLR)

✦ The application for extension of the caveat is dismissed with costs.

KENYA CHRISTIAN INDUSTRIALTRAINING INSTITUTE v ABDULAHI MOHAMMED HUSSEIN [2010] KEHC 1245 (KLR)

✦ The court finds that the Plaintiff has not shown that the Defendant is constructing on his property in a manner that is interfering with or causing damage on the Plaintiff's property.

ELIUM WEKESA WASIKE v ZABLON KUNDU NATEMBEYA [2010] KEHC 1302 (KLR)

✦ The Plaintiff cannot claim adverse possession as the deceased allowed the Plaintiff to occupy the land.

ENOS WAFULA LUKORITO & 5 OTHERS v KISON CHESEBE CHEMOSIT [2010] KEHC 1306 (KLR)

✦ The joint defence is struck out with costs to the Plaintiffs, and summary judgment is entered in favour of the Plaintiffs against the Defendants.

MWAKUGHU MWAKIO v REPUBLIC [2010] KEHC 762 (KLR)

✦ The conviction on the charge of handling stolen goods is quashed, and the subsequent four-year sentence is set aside. The conviction and sentence on the charge of cultivating cannabis are upheld.

JOHNSON WABWIRE OGOLA v EGESA ODEBA ADUNDO [2010] KEHC 1297 (KLR)

✦ The court denies the application for consolidation and costs.

ENOS WAFULA LUKORITO & 5 others v KISON CHESEBE CHEMOSIT [2010] KEHC 27 (KLR)

BAKARI MOHAMED MBUGUNI & 2 others v REPUBLIC [2010] KEHC 1351 (KLR)

✦ The convictions of the 2nd and 3rd Appellants are quashed, and they are set at liberty.

JUMA MWAKAMPYA TSUWI v REPUBLIC [2010] KEHC 626 (KLR)

✦ The conviction and sentence are upheld

DAUDI MWIU KIILU v SYOKIMAU FARM LTD & 2 others [2010] KEHC 1260 (KLR)

✦ The Plaintiff has a reasonable cause of action regarding the ownership of the land. The application for mandatory orders is declined. A restraining order of injunction is issued against the Plaintiff.

ABDALLA ALI HASSAN v REPUBLIC [2010] KEHC 1366 (KLR)

✦ The conviction and sentence are quashed due to inconsistencies and irregularities in the trial process.

JUMA MWAKAMPYA TSUWI v REPUBLIC [2010] KEHC 627 (KLR)

✦ The conviction and sentence are upheld

NDURIA MWAMBODZE v REPUBLIC [2010] KEHC 1352 (KLR)

✦ The conviction and sentence are quashed due to the prosecution's failure to meet the legal threshold of proof beyond a reasonable doubt.

LILIAN NAMONO MWIMA v JAPETH KIPROP BORUETT [2010] KEHC 1151 (KLR)

✦ The court allows the application and grants leave to file suit out of time.

ROSE KARUTHU IKUNYUA v CHARLES KIBITI IKUNYUA (Civil Case 96 of 2010) [2010] KEHC 1289 (KLR) (5 October 2010) (Ruling)

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

PAUL K. MUITE v NATIONAL BANK OF KENYA LTD & 3 others [2010] KEHC 1254 (KLR)

✦ The judge recuses himself from the matter due to a conflict of interest and asks the Principal Judge to allocate it to any other Judge.

In Re Adoption of M (A child) (Adoption Cause 11 of 2010) [2010] KEHC 728 (KLR) (4 October 2010) (Judgment)

✦ The application for adoption is allowed in terms of prayers (a), (b) and (c) thereof.