Kenyan case law

NANCY WANJIRU GITHUA NJAAGA v MARGARET NJERI MUKIRAI [2010] KEHC 1319 (KLR)

✦ The Plaintiff is entitled to an interlocutory injunction to preserve the property pending the determination of the case.

NABIL ADAMJEE v REPUBLIC [2010] KEHC 1281 (KLR)

✦ The court declines to grant bail pending appeal but directs that the officer in charge of Shimo la Tewa Prison continue to avail the appellant for treatment and permits his personal doctor to attend to him at his own cost.

MICHAEL THIONGO NJOROGE v REPUBLIC (Criminal Appeal 583 of 2007) [2010] KEHC 4151 (KLR) (Crim) (4 October 2010) (Judgment)

✦ The court dismisses the appeal and finds the conviction and sentence reasonable.

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.

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.

MICHAEL THIONGO NJOROGE v REPUBLIC [2010] KEHC 1428 (KLR)

✦ The court found the evidence sufficient to support the appellant's conviction and dismissed the appeal.

DANGA PROPERTIES LTD v JORETH LIMITED & 2 others [2010] KEHC 1161 (KLR)

✦ The application is dismissed with costs

ALI HUSSEIN MOHAMOD v BOARD OF TRUSTEES NATIONAL SOCIAL SECURITYFUND [2010] KEHC 1285 (KLR)

✦ The plaintiff's suit is struck out with costs

MARY SYVUTHA PETER v ABDULRAHMAN KASSIM JAFFER & 2 others [2010] KEHC 621 (KLR)

✦ The application is dismissed, with costs to the respondents

LOISE M. WAMBUA v KENYATTA UNIVERSITY & another [2010] KEHC 1334 (KLR)

✦ The application is hereby allowed, orders shall issue as prayed against the defendants jointly and severally and shall remain in place until the final determination of the suit.

REPUBLIC v GERALD IRUNGU [2010] KEHC 482 (KLR)

✦ The application for bail is denied.

BEST FREIGHTERS LTD & another v SPORTS STADIA MANAGEMENT BOARD [2010] KEHC 1150 (KLR)

✦ The court finds and holds that the plaintiffs have demonstrated a prima facie case with probability of success.

P. S. Bhangra v Austin S. Kitololo [2010] KEHC 1388 (KLR)

✦ The court directed the parties to appear before the Deputy Registrar to take accounts and determine the actual decretal sum and payments made, and to decide whether to increase the monthly installment payments.

PETER GATHIRU RURIGI & another v MICHAEL GATHIRU RURIGI [2010] KEHC 1327 (KLR)

✦ The appeal is allowed, and the judgment of the Provincial Land Disputes Appeals Tribunal is set aside. The appellants shall have the costs of the appeal.

REPUBLIC v NDIKIRA MVUMBA KIZUNDU & Another [2010] KEHC 619 (KLR)

✦ The court rejects the application for bond and orders the accused to remain in remand pending the case's hearing and determination.

MOHAMED RIAZ BUTT v REPUBLIC [2010] KEHC 1426 (KLR)

✦ The conviction and sentence are quashed and the appellant is set free.

SAMSON S. MAITAI & Another v AFRICAN SAFARI CLUB LIMITED & Another [2010] KEHC 595 (KLR)

✦ Summary judgment was granted in favor of the Plaintiffs, and the Defendants were ordered to be evicted from the parcels of land.

Agnes Ndinda Malundu v Family Finance Building Society Limited [2010] KEHC 1474 (KLR)

✦ The Defendant's application is allowed, and the order of the court made on 16th June 2010 is set aside. The Plaintiff's application should be heard in person on a date to be given on priority basis.

KENYA ANTI-CORRUPTION COMMISSION v PETER OLOO ARINGO & 2 others [2010] KEHC 1518 (KLR)

✦ The 2nd defendant is a necessary party to the suit and should not be struck out or the case against it dismissed.

KENYA ANTI-CORRUPTION COMMISSION v PETER OLOO ARINGO & 2 OTHERS [2010] KEHC 916 (KLR)

✦ The 2nd defendant is a necessary party to the suit and the application is dismissed with costs.

[2010] KEHC 1381 (KLR)

✦ The application for contempt fails due to uncertainty regarding the service of the order and the fact that the property had already been transferred by the time the injunction was issued.

MOHAMED RIAZ BUTT v REPUBLIC [2010] KEHC 1410 (KLR)

✦ The conviction and sentence are quashed and the appellant is set free.

KAROLI OOKO v MARTHA OKOWA [2010] KEHC 1517 (KLR)

✦ The court finds that the defendant has no claim in law over the disputed area and grants prayers b, c, and d of the plaint.

HIRUM NGUGI v ISAAC KIMANI NGUGI [2010] KEHC 1286 (KLR)

MUKURIA OLE KOILEKEN & Another v JOHN MWANGI KOILEKEN [2010] KEHC 604 (KLR)

✦ The judgment is not irregular and should not be set aside. The court declines to set aside the judgment and dismisses the application.