Kenyan case law

• REPUBLIC v HARUN GITHINJI MUHORO [2006] KEHC 1199 (KLR)

  ✦ The court finds the evidence insufficient to prove the accused's guilt and acquits him

  [2006] KEHC 1199 (KLR) High Court of Kenya 9 October 2006

• KENYATTA NATIONAL HOSPITAL BOARD v MINISTER FOR LABOUR AND HUMAN RESOURCE DEVELOPMENT & 3 others [2006] KEHC 1098 (KLR)

  ✦ The court holds that the proceedings in the Chief Magistrate's Court are not time-barred and are not amenable to judicial review by way of an Order of Certiorari. The court proceeds to consider prayers 1, 2, and 5.

  [2006] KEHC 1098 (KLR) High Court of Kenya 9 October 2006

• CYRUS M. KAMAU v UNIVERSAL F & B CONTRACTORS LIMITED [2006] KEHC 3563 (KLR)

  ✦ The court grants the stay of execution of the decree pending the hearing and determination of the appeal.

  [2006] KEHC 3563 (KLR) High Court of Kenya 6 October 2006

• LAXMICHAND KESHAVJI & SONS (K) LTD v EAST AFRICAN DEVELOPMENT BANK & 3 others [2006] KEHC 3566 (KLR)

  ✦ The preliminary objection is dismissed with costs to the plaintiff.

  [2006] KEHC 3566 (KLR) High Court of Kenya 6 October 2006

• BTB INSURANCE AGENCIES LIMITED v NITIN SHAH & 2 others [2006] KEHC 905 (KLR)

  ✦ The plaintiff is entitled to have the suit proceed to trial.

  [2006] KEHC 905 (KLR) High Court of Kenya 6 October 2006

• ATHUMANI JUMA GANZORI & 3 others v COMMISSIONER GENERAL KENYA REVENUE AUTHORITY & 2 others [2006] KEHC 1229 (KLR)

  ✦ The application is dismissed with costs to the respondent.

  [2006] KEHC 1229 (KLR) High Court of Kenya 6 October 2006

• Felican Maina v Anjiwa Shamji LTD [2006] KEHC 66 (KLR)

  ✦ The appeal is dismissed

  [2006] KEHC 66 (KLR) High Court of Kenya 5 October 2006

• JAMIN KIOMBE LIDODO v EMILY JERONO KIOMBE & another [2006] KEHC 1104 (KLR)

  ✦ The application lacks merit and is dismissed with costs.

  [2006] KEHC 1104 (KLR) High Court of Kenya 5 October 2006

• ELIZABETH NAKUTO v MILDRED MULUPI OMURONJI [2006] KEHC 871 (KLR)

  ✦ The application is dismissed with no order as to costs.

  [2006] KEHC 871 (KLR) High Court of Kenya 5 October 2006

• JOSEPH ODINGO OGOLA v VICTORIA COMMERCIAL BANK [2006] KEHC 1069 (KLR)

  ✦ The application is incompetent as it can only be made before the Court of Appeal, and this court lacks jurisdiction to consider it.

  [2006] KEHC 1069 (KLR) High Court of Kenya 5 October 2006

• SOUTH NYANZA SUGAR CO. LTD v NELSON OSITU ORAMINI [2006] KEHC 114 (KLR)

  ✦ The appeal is allowed, and the judgment of the trial magistrate is set aside. The respondent's claim is dismissed entirely.

  [2006] KEHC 114 (KLR) High Court of Kenya 5 October 2006

• David Kiplangat Rotich v Reuben Kipkoros Soi [2006] KEHC 111 (KLR)

  ✦ The court orders a mandatory injunction restraining the defendant from interfering with the plaintiff's quiet possession of the land.

  [2006] KEHC 111 (KLR) High Court of Kenya 5 October 2006

• ELIZABETH NAKUTO v MILDRED MULUPI OMURONJI [2006] KEHC 866 (KLR)

  ✦ The application for review is dismissed with no order as to costs.

  [2006] KEHC 866 (KLR) High Court of Kenya 5 October 2006

• IMRAN MALLU v REPUBLIC [2006] KEHC 1137 (KLR)

  ✦ The appeal is allowed, and the appellant is ordered to be released on a cash bail of Kshs.10,000/- pending the hearing and determination of his appeal.

  [2006] KEHC 1137 (KLR) High Court of Kenya 5 October 2006

• EDWARD KIPSONGOK v DAVID KIRWA SATO [2006] KEHC 1189 (KLR)

  ✦ The appeal is dismissed with costs. The learned trial Magistrate's finding that the defendant/respondent was not liable in negligence is upheld. The defendant/respondent's plea of contributory negligence is not controverted by the appellant, and no liability could be apportioned.

  [2006] KEHC 1189 (KLR) High Court of Kenya 5 October 2006

• JONYO OGALO OMITI & 3 OTHERS v FLERIA OWANDE W/O OWITI & 3 OTHERS [2006] KEHC 56 (KLR)

  ✦ The application is allowed; the dismissal order of 1st December 2005 is set aside and the applicant's application dated 27th July 2005 is reinstated. The applicant is to take a suitable date for hearing.

  [2006] KEHC 56 (KLR) High Court of Kenya 5 October 2006

• D NJOGU & COMPANY ADVOCATES v KENYA NATIONAL CAPITAL CORPORATION [2006] KEHC 901 (KLR)

  ✦ Interest is to be calculated from the date the correct feenote was sent to the client, regardless of subsequent reductions on the bill.

  [2006] KEHC 901 (KLR) High Court of Kenya 5 October 2006

• MUTHOGA GATURU & COMPANY v KENYA COMMERCIAL BANK LTD (? 465 of 2004) [2006] KEHC 3568 (KLR) (5 October 2006)

  ✦ The court has discretion to enter judgment for the sum in the Certificate of Taxation where there is no dispute as to the retainer and a certificate of the taxing officer has been issued and has not been successfully challenged.

  [2006] KEHC 3568 (KLR) High Court of Kenya 5 October 2006

• OMARI IFIRE & 4 others v TOWN CLERK MUMIAS MUNICIPAL COUNCIL [2006] KEHC 1192 (KLR)

  ✦ The preliminary objection is dismissed with costs.

  [2006] KEHC 1192 (KLR) High Court of Kenya 5 October 2006

• LEAH GACHERU v J. M. KARANJA T/A KARANJA MBUGUA & CO. ADVOCATES [2006] KEHC 1158 (KLR)

  ✦ The plaintiff is entitled to the costs of the originating summons and the defendant's advocate/client bill of costs should be taxed within 30 days.

  [2006] KEHC 1158 (KLR) High Court of Kenya 5 October 2006

• JAIRUS MAINA GITONGA v REPUBLIC [2006] KEHC 1091 (KLR)

  ✦ Appellant's conviction is quashed and sentence set aside

  [2006] KEHC 1091 (KLR) High Court of Kenya 5 October 2006

• REPUBLIC v DISTRICT COMMISSIONER NAKURU DISTRICT & another Ex-parte BARNABAS KIPTARUS BARNO & 354 others [2006] KEHC 1068 (KLR)

  ✦ The court grants leave to the applicants to commence proceedings for an order of certiorari but denies the prayer for an order of prohibition as the eviction has already taken place.

  [2006] KEHC 1068 (KLR) High Court of Kenya 5 October 2006

• M.K v T.M.M [2006] KEHC 963 (KLR)

  ✦ The court allows the petition and dissolves the marriage, issuing a decree nisi.

  [2006] KEHC 963 (KLR) High Court of Kenya 4 October 2006

• Republic v John Gichamba Mwangi [2006] KEHC 3555 (KLR)

  ✦ The accused is found guilty of murder.

  [2006] KEHC 3555 (KLR) High Court of Kenya 4 October 2006

• In Re The Estate of Kung'u Gathirwa (Deceased) [2006] KEHC 921 (KLR)

  ✦ The court dismissed the application as the application to name the respondent(s) was incomplete.

  [2006] KEHC 921 (KLR) High Court of Kenya 4 October 2006