Kenyan case law

REPUBLIC V SAMEL OTENYO NYAKWARA (Criminal Case 62 of 2009) [2012] KEHC 682 (KLR) (31 October 2012)

✦ The prosecution has not established a prima facie case against the accused to warrant his being put on his defence.

PLISTER OBARA OKUMU v KENYA ELECTRICITY TRANSMISION CO LTD [2012] KEHC 1284 (KLR)

✦ The court orders the defendant to pay Kshs. 1,800,000 to the plaintiff within 14 days and to undertake a separate valuation report within 30 days.

B.P . (K) LIMITED V INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION & ANOTHER [2012] KEHC 1129 (KLR)

✦ The application dated 10th January 2005 lacks merit and is hereby dismissed with costs to the first Defendant.

REPUBLIC V LAND DISPUTES TRIBUNAL TURBO DIVISION EX-PARTE KIMANI KAMAU JOHN [2012] KEHC 1124 (KLR)

✦ The decision to be reviewed is the award of the Tribunal, and the application for leave to challenge the decision must be filed within six months of the decision.

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.

IN RE THE ESTATE OF DANIEL MUIYA MAWEU (Deceased) [2012] KEHC 1325 (KLR)

✦ The application to revoke the grant is allowed

MICHAEL OMONDI OTIENO & Another v HILDA AYACKO OCHIENG & Another [2012] KEHC 1078 (KLR)

✦ The Court dismisses the Chamber Summons Application and denies the Plaintiffs' request for a permanent injunction.

CHILD WELFARE SOCIETY OF KENYA REGISTERED TRUSTEES V NATION MEDIA GROUP LTD t/a NATION NEWSPAPERS & 2 OTHERS [2012] KEHC 942 (KLR)

✦ Application for substituted service granted

KYANGOMBE RESIDENT ASSOCIATION & 4 OTHERS V ATTORNEY GENERAL & 2 OTHERS [2012] KEHC 1417 (KLR)

✦ Petition is an abuse of the court process and is struck out with no order as to costs

KIPTOO ARAP CHIRCHIR V BOAZ KIBOI & 2 OTHERS [2012] KEHC 674 (KLR)

✦ The plaintiff's claim is dismissed with costs to the defendants.

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

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.

EMILY MKANGA V JOHN CHEGE NJOROGE & ANOTHER [2012] KEHC 1343 (KLR)

✦ The court directs the Executive Officer to avail the lower court file no. 1762 of 2006 to the appellant within 30 days from the date of the order, and the appellant to prepare the record and set down the matter for hearing within 120 days from the date the file is availed, failing which the appeal will stand dismissed.

MARY MUKULU KITUKU V REPUBLIC [2012] KEHC 423 (KLR)

✦ The court denies the revision as the grounds are not within the jurisdiction of the revision court and the sentence is deemed correct.

DANIEL KIPCHIRCHIR SANG & Another v PAUL BARABARA SONGOK [2012] KEHC 1079 (KLR)

✦ A temporary injunction was granted to restrain the Defendant from further entering onto, staying, bringing onto, placing anything, planting anything, erecting anything, leasing, charging, mortgaging, offering as security, transferring and/or in any manner whatsoever interfering with the deceased parcel of land.

MOSES OCHOLLA ODUBE & ANOTHER V DAVID GUYA ODUMBE & 2 OTHERS [2012] KEHC 1272 (KLR)

✦ The court grants a temporary injunction pending the hearing and determination of the main suit, and dismisses the application dated 17th September 2012. The plaintiffs/applicants are awarded costs of both applications.

REPUBLIC v MUSYOKI MUSEMBI MALUKU [2012] KEHC 1335 (KLR)

✦ The accused has a case to answer and is reminded of his statutory rights.

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.

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.

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.

REPUBLIC V RESIDENT MAGISTRATE’S COURT, HOLA EXPARTE MOHAMED SALIM GULU [2012] KEHC 934 (KLR)

✦ The Court dismissed the Exparte Applicant's application for judicial review.

BENJAMIN MUMO MWOVA v REPUBLIC (Criminal Appeal 34 of 2012) [2012] KEHC 1323 (KLR) (31 October 2012)

✦ The court finds no merit in the application for bail and dismisses it.

JAMI IYATU TAALIMIL QURAN (JTQ) v ABOUD ATHMAN & 2 others [2012] KEHC 1365 (KLR)

✦ The court grants an interlocutory mandatory injunction to remove the Defendants from JTQ's institutions and restore the status quo ante, pending the full hearing and determination of the suit.

C.N.N V J.N.M [2012] KEHC 1047 (KLR)

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.