Kenyan case law

REPUBLIC v JAMES KIPROTICH BORE [2012] KEHC 1227 (KLR)

✦ The court finds compelling reasons to deny the applicant admission to bail.

KIJUKI KIAMBI PAUL KAIGA & 5 OTHERS V CLERK MERU MUNICIPAL COUNCIL MERU MUNICIPAL COUNCIL [2012] KEHC 1294 (KLR)

✦ The rights and fundamental freedoms sought by the petitioners would prejudice the rights and fundamental freedoms of the great majority, and the application is rejected with costs to the respondent.

ROSA ADISA MAGALA v BONIFACE AMWAYI [2012] KEHC 141 (KLR)

✦ The court finds that the defendant paid dowry to the plaintiff's family and that the deceased and the defendant were married, and orders that the defendant be given the deceased's body for burial at his ancestral home.

KIMONDO MUTAMBUKI & ANOTHER V KENNEDY MURIIRA [2012] KEHC 918 (KLR)

✦ The court held that the second appellant, Kennedy Muriira, should not be responsible for paying the costs awarded to the original plaintiff, Kimondo Mutambuki, as he did not appeal to the High Court.

PATRICK MURIUKI KINYUA V REPUBLIC [2012] KEHC 899 (KLR)

✦ The conviction is upheld. The appellants' appeal is dismissed.

REPUBLIC v PATRICK LUMONJE OBOTE [2012] KEHC 1242 (KLR)

✦ The court sentences the accused to serve a term of fifteen (15) years in prison.

JOYCE LIKU JANDA V CARE SOMALIA SOUTHERN SUDAN [2012] KEHC 1348 (KLR)

✦ The application is dismissed with costs as it lacks merit.

FREDRICK NDUNGU KIRORI V REPUBLIC (Miscellaneous Criminal Application 344 of 2012) [2012] KEHC 1327 (KLR) (1 November 2012)

✦ The application for bail/bond pending appeal is lacking in merit and is dismissed.

REPUBLIC V STEPHEN GICHERU MWANGI [2012] KEHC 1210 (KLR)

✦ There is no evidence to establish malice aforethought, and the court finds the accused not guilty.

PETER KAGIRI WACHIRA V REPUBLIC [2012] KEHC 901 (KLR)

✦ The appeals are allowed, convictions and sentences are set aside, and the appellants are set free

BONIFACE WANGAI WANJIRU V REPUBLIC [2012] KEHC 898 (KLR)

✦ The appeal is allowed on the issue of the elements of robbery with violence not being proved. The conviction is dismissed, and the sentence is quashed and set aside. A term of ten years on both counts to run concurrently is substituted.

DIRECTOR OF LAND ADJUDICATION & SETTLEMENT & ANOTHER V KAHINDI KATANA & 4 OTHERS EX-PARTE FORT PROPERTIES LTD [2012] KEHC 936 (KLR)

✦ The application is dismissed with costs.

ALI HASSAN ABDALLA V REPUBLIC [2012] KEHC 1367 (KLR)

✦ The conviction is upheld, but the sentence is reduced from five years to two years, to run concurrently.

SARAH CHEPTOO V PRISCILLA LELEI [2012] KEHC 1126 (KLR)

✦ The land Nandi/Itigo/124 is part of the deceased's estate and should be shared equally between the Petitioner and the Objector.

PETER ONGWENYI OCHOKI & 61 OTHERS V KISII FARMERS CO-OPERATIVE UNION LTD & 3 OTHERS [2012] KEHC 877 (KLR)

✦ The court finds that it has no jurisdiction to entertain the petition and strikes it out with costs to the respondents.

REPUBLIC V COUNTY COUNCIL OF KEIYO & 2 OTHERS EX-PARTE ROBERT KIMUTAI KOSGEI [2012] KEHC 1149 (KLR)

✦ The application is dismissed with costs to the 1st Respondent.

CHRISTINE NANDOKA LUSWETI v KENYA BUS SERVICES LIMITED [2012] KEHC 1074 (KLR)

✦ The court awards the Plaintiff Kshs. 4,454,768.75 in total, including general damages, special damages, nursing, physiotherapy, cost of wheelchair, urine bags and catheter, cost of drugs, special mattress and bed, witness expenses, and loss of earning capacity.

MUTUNGA KAMUNZO V REPUBLIC [2012] KEHC 1369 (KLR)

✦ The sentence of seven (7) years imprisonment is reduced to the term the appellant has already served.

EASTERN PRODUCE (K) LIMITED (CHEMOMI TEA ESTATE) V PATRICK JUMA [2012] KEHC 1148 (KLR)

✦ The Appeal is dismissed with costs as the Appellant's grounds 1, 2, 3, 4, 5, and 6 lack merit.

M/S CYRIL WAYONGO ADVOCATE T/A WAYONGO & CO. ADVOCATE V AGRICULTURAL FINANCE CORPORATION [2012] KEHC 697 (KLR)

✦ The court holds that it has no jurisdiction to entertain the application and dismisses it with costs

REPUBLIC V PRINCIPAL IMMIGRATION OFFICER MINISTRY OF IMMIGRATION & REGISTRATION OF PERSONS EX-PARTE DEVARAJ MALARMESAI BAGAVAN & ANOTHER [2012] KEHC 1356 (KLR)

✦ The decision of the respondent must be quashed in terms of the 1st prayer of the notice of motion. The 2nd prayer is also allowed but with amendment so that the respondent is prohibited from cancelling work permit No. 887101 dated 4th April, 2011 and the entries made in respect thereof in the 1st applicant's passport until the expiry thereof or in accordance with the law.

JUSTO NGOKA & 225 OTHERS V RAI PLYWOOD (K) LTD & 2 OTHERS [2012] KEHC 694 (KLR)

✦ The certificate of lease and letter of allotment issued by the Second Defendant are null and void.

REPUBLIC v KWANZA L.D.T. COMPRISING OF:-WAFULA BIBI & 4 others [2012] KEHC 1191 (KLR)

✦ The decision of the tribunal is quashed, and the applicant is granted the costs of the application

C.N.N V J.N.M [2012] KEHC 1047 (KLR)

SAID ADAM KAZUNGU V KIBOKONI PROPERTIES LIMITED [2012] KEHC 685 (KLR)

✦ The court directed that an entry on the subject title, registered in favor of the plaintiff, be made.