Kenyan case law

PAPCO INDUSTRIES LIMITED v EASTERN AND SOUTHERN AFRICAN TRADE AND DEVELOPMENT BANK (THE PTA BANK) [2006] KEHC 1259 (KLR)

✦ The court finds that the Plaintiff lacks locus standi to bring the action and that the court lacks jurisdiction to entertain the action.

M.J.M v A.M.M [2006] KEHC 964 (KLR)

✦ The judgment and decree are set aside with costs to the Petitioner

MURIU, MUNGAI & CO. ADVOCATES v KODAK (K) LIMITED [2006] KEHC 1261 (KLR)

✦ Judgment is entered in favour of the Applicant for Kshs.14,674/= together with interest from 22nd July, 2005 until payment in full.

ABDULRAHMAN MOHAMED RIDAY v KHADIJA MOHAMED SWALEH [2006] KEHC 992 (KLR)

✦ The motion is dismissed with costs to the respondent

MAJESTIC WORKS LIMITED v KILIMANJARO COMPANY LIMITED [2006] KEHC 883 (KLR)

✦ The court declines to interfere with its order made on 05.04.06 with regard to the date from which the interest awarded would start running.

ABRAHAM MIGWI MURIITHI & 5 others v TRANSPORT LICENSING BOARD & 10 others [2006] KEHC 1059 (KLR)

✦ Leave is granted to the applicants to apply for judicial review for the reliefs of orders set out in paragraphs 3, 4, 5, and 6 of the Chamber Summons dated and filed on the 18th September 2006.

Esther Wanjiku Njau & another v Mary Wahito [2006] KEHC 1325 (KLR)

✦ Mary Wahito was not the deceased's wife, and her son was not a child of the deceased.

MBUGUA & MBUGUA ADVOCATES v OCCIDENTAL INSURANCE COMPANY LIMITED [2006] KEHC 1258 (KLR)

✦ Judgement is entered for the Applicant for Kshs.36,382/=. The Applicant is granted the costs of the application dated 19th August, 2005.

Mukuru Munge v Gilead Mwanyasi [2006] KEHC 618 (KLR)

✦ The appeal succeeds and the judgment of the lower court is set aside. The orders made therein are vacated.

M.M. GALGALO & 3 others v MUSIKALI KOMBO & another [2006] KEHC 1304 (KLR)

✦ The court allows the application and grants the order sought in prayer 2 thereof with costs to the Applicants.

JAMES GEMO & another v REPUBLIC [2006] KEHC 3346 (KLR)

✦ The conviction is upheld, and the appeal is dismissed. The sentence is upheld but reduced.

Charles Gitonga Stephen v Republic [2006] KEHC 1291 (KLR)

✦ The evidence against the appellant was not proved beyond reasonable doubt, and the death sentence is set aside.

MARGARET W. KAMBO v DANNIS WILLY MICHUKI [2006] KEHC 1149 (KLR)

✦ The appeal is dismissed. The trial magistrate exercised her discretion properly and there is no basis for setting aside her judgment.

DAVID KIMEU v PHILLIP MUNDA NTHAMA [2006] KEHC 428 (KLR)

✦ The appeal and the application to set aside the exparte judgment are both incompetent and invalid. The application for stay execution of the decree is accordingly dismissed with costs to the decree-holder/respondent.

ELIUD KAMAU NJOROGE v REPUBLIC [2006] KEHC 1245 (KLR)

PATRICK MWIRIGI & 3 others v REPUBLIC [2006] KEHC 1278 (KLR)

✦ The Appellants' convictions and sentences are upheld.

JOHN GICHUNGE MITIE v REPUBLIC [2006] KEHC 1275 (KLR)

✦ The Appellant's conviction and sentence are set aside due to the insufficiency of evidence and the rejection of his defense without a cogent reason.

PANIAN OLE MOTUA & 3 OTHERS v REGISTERED GROUP REPRESENTATIVES KIMANA TIKONDO GROUP RANCH [2006] KEHC 1221 (KLR)

✦ The application is dismissed with costs to the Respondents

REPUBLIC v NZANGI KELI & ANOTHER [2006] KEHC 221 (KLR)

✦ The court quashed the decisions of the Tribunal and the court, and ordered the removal of the record of the Kitui Principal Magistrate's Court Case No. L.60 of 2003 and the record of Mutomo Location Land Disputes Tribunal, Case No. 47 of 2003.

REPUBLIC v NZANGI KELI & another [2006] KEHC 592 (KLR)

✦ The court quashed the decisions of the Tribunal and the court, and ordered the removal of the record of the Kitui Principal Magistrate's Court and the Mutomo Land Disputes Tribunal.

REPUBLIC v LAND DISPUTES TRIBUNAL, MUMONI DIVISION & ANOTHER [2006] KEHC 494 (KLR)

✦ The court dismissed the application, finding that the tribunal’s decisions were fair and just, and that the applicant’s appeal to the Provincial Land Disputes Tribunal was still pending.

C. MWANGI GACHICHIO v WEST END BUTCHERY LTD & ANOTHER (Civil Miscellaneous 3 of 2006) [2006] KEHC 3367 (KLR) (28 September 2006) (Ruling)

✦ The application is dismissed with costs to the respondent.

DAVID KIMEU v PHILLIP MUNDA NTHAMA [2006] KEHC 420 (KLR)

✦ The appeal and the application to set aside the exparte judgment are both incompetent and invalid. The application for stay execution of decree is also incompetent and invalid.

JULIUS KABERIA M’RINGERA & GEORGE KIMATHI MICHUBU v REPUBLIC (Criminal Appeal 205 & 206 of 2005) [2006] KEHC 1276 (KLR) (28 September 2006)

✦ The Appellants are convicted and sentenced for robbery with violence.

MOHAN GALOT v KENYA NATIONAL CAPITAL CORPORATION [2006] KEHC 1296 (KLR)

✦ The High Court's judgment is set aside and the case is remanded for further proceedings.