Kenyan case law

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

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

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.

Issa & Company Advocates v Ganjee Glass Mart Limited & another [2010] KEHC 1282 (KLR)

✦ The application lacks merit and is dismissed. Each party shall bear their own costs of the application.

NATIONAL CEREALS & PRODUCE BOARD v OWNERS OF MOTOR VESSEL “FONARUN NAREE” [2010] KEHC 593 (KLR)

✦ The court ordered the defendant to provide specific disclosure and inspection of certain documents related to the cargo damage and the vessel's seaworthiness.

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.

CHRISTOPHER KAGEMA GICHUHI v BENSON IRUNGI MBARIA & another [2010] KEHC 1288 (KLR)

✦ The application for leave to amend and file further amended defence is dismissed with costs to the plaintiff.

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

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.

DORCA ONDIEKI GISEGE v NYANKARANGANIA FARMERS CO-OPERATIVE SOCIETY LTD [2010] KEHC 995 (KLR)

✦ The landlord's notice of termination of tenancy was justified in law and the appeal is dismissed with costs to the respondent

DAVID ONCHARI NYAKUNDI v BARCLAYS BANK OF KENYA LTD & 2 others [2010] KEHC 358 (KLR)

✦ The suit is dismissed with costs to the defendants.

REPUBLIC v MOHAMED ALI SOYAN [2010] KEHC 1250 (KLR)

✦ The prosecution has established a prima facie case against the accused, warranting his being put to his defence.

NAOMI WAMBUI NDICHU v GEORGE NGANGA NJUKI [2010] KEHC 1261 (KLR)

✦ The application lacks merits and is dismissed with costs.

KENYA ANTI CORRUPTION COMMISSION v SHELDON LIVASIA MUDOGO & another [2010] KEHC 1018 (KLR)

✦ The court grants prayer 3 of the Application dated 29th May, 2009 but limited only to selling, leasing, charging, dividing or transferring the suit property pending the hearing and final determination of this suit.

REPUBLIC v LUKA KIMELI RONO [2010] KEHC 824 (KLR)

✦ The preliminary objection is dismissed as the accused was presented to court as soon as was reasonably practicable and none of his constitutional rights were breached.

DANIEL NGE’TICH & another v ATTORNEY GENERAL & 2 others [2010] KEHC 825 (KLR)

✦ The detention order is unconstitutional and not in compliance with the Constitution.

PAUL MAGETO OBWANGI v CLERK KISII MUNICIPAL COUNCIL & 2 others [2010] KEHC 904 (KLR)

✦ The court finds no merit in the appeal and dismisses it with no order as to costs

NJENGA KINYANJUI v REPUBLIC [2010] KEHC 233 (KLR)

✦ The conviction and sentence for failing to attend court are quashed due to illegality. The sentence for stock theft is reduced to two years, to run concurrently with the previous sentence.

JOHNSON NEHONDO v CHRISTOPHER NASHISAKO & another [2010] KEHC 1016 (KLR)

✦ The court finds that the Plaintiff has not established adverse possession and dismisses the claim with costs.

CHARLES OYURU MAYIEKO v REPUBLIC [2010] KEHC 4167 (KLR)

✦ The appeal is dismissed.

KENYA ANTI- CORRUPTION COMMISSION v JOHN KINYUA & another [2010] KEHC 1162 (KLR)

✦ The application for interrogatories is dismissed with costs.

REGINA MWIKALI KITAVI v ONGATA WORKS LIMITED [2010] KEHC 1333 (KLR)

✦ The court held that the plaintiff has not acquired title to the property by adverse possession.

KENNEDY OTIENO & another v OCS, ELDORET POLICE STATION [2010] KEHC 1104 (KLR)

✦ The petition is dismissed as the arrest date was on May 8, 2008, and the petitioners were brought to court within the required 14-day period.

ELIAS NDUNGU v REPUBLIC [2010] KEHC 1109 (KLR)

✦ The appeal is dismissed as the second accused is struck out. The conviction and sentence of the third accused are upheld.

REPUBLIC v DORINE AOKO MBOGO & another [2010] KEHC 75 (KLR)

✦ The application for bail is allowed on reasonable terms.

JUSTINE OTIPA OFISI & another v JOSEPH OTIPA OSUNDWA & another [2010] KEHC 711 (KLR)

✦ The 2nd Defendant cannot be restrained from enjoying land that prima facie he acquired lawfully. The Plaintiffs' claim that they occupy their father's land by fact of that relationship and beneficial trust is not supported.