Kenyan case law

ALEX KIBET KETER v REPUBLIC [2010] KEHC 1077 (KLR)

✦ The conviction is quashed and the sentence set aside. The appellant will be set at liberty.

MICHAEL WAITHAKA NDEREVA v REPUBLIC [2010] KEHC 254 (KLR)

✦ The conviction and sentence are confirmed by the lower court and the appeal is dismissed as it has no merit.

FRANCIS KISAGA SHIROLLIKOR v GRACE MIDECHA MUGALLA & three others (Civil Suit 121 of 2010) [2010] KEHC 1076 (KLR) (30 September 2010) (Ruling)

✦ The application for injunction was granted till the determination of the main suit.

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.

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.

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 THE NATIONAL ENVIRONMENTAL TRIBUNAL & 2 others [2010] KEHC 1275 (KLR)

✦ The court orders the prohibition of the Respondent from hearing the purported Tribunal Appeal, quashes the proceedings before the National Environmental Tribunal, and compels the Respondent to comply with the court's previous decision.

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.

ROBERT KISIARA DIKIR & 3 others v OFFICER COMMANDING KEIYAN GENERAL SERVICE UNIT (GSU) POST & 3 others [2010] KEHC 990 (KLR)

✦ Declare the arrest and detention unconstitutional and order return of seized cattle or payment of equivalent monetary value.

ROBERT KISIARA DIKIR & 3 OTHERS vs THE OFFICER COMMANDING KEIYAN GENERAL SERVICE UNIT (GSU) POST& 3 OTHERS [2010] KEHC 1246 (KLR)

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

JOHN ALLAN OKEMWA v HOSEA KIPLAGAT [2010] KEHC 1409 (KLR)

✦ Defendant's application is granted, judgment set aside and defendant allowed to file a defence

Republic v N.K & 2 others [2010] KEHC 1083 (KLR)

✦ Subject No. 1 and 3 are minors and their preliminary objections are upheld, they are discharged of the offense. Subject No. 2 is an adult and will stand trial.

RONALD SCHAICH v MARY WAMBUI KARLEN [2010] KEHC 1284 (KLR)

✦ The court denies the application for an order requiring the plaintiff to render accounts of rent and share it with the defendant.

REPUBLIC v CHAIRMAN NAVAKHOLO LAND DISPUTE TRIBUNAL [2010] KEHC 831 (KLR)

✦ Orders accordingly

REPUBLIC v CHAIRMAN, KAPSABET LAND DISPUTE TRIBUNAL & another [2010] KEHC 863 (KLR)

✦ The Lands Disputes Tribunal lacked jurisdiction in dealing with the dispute, and the decision of the tribunal is hereby quashed. Certiorari orders are granted.

JOHN KARUGA WAHINYA v VIOLET WANJA GATEI [2010] KEHC 1304 (KLR)

✦ The Plaintiff's claim is substantially admitted by the Defendant, and the application is allowed with costs. Judgment is entered for the Plaintiff in the sum of KShs. 5 million with interest from February 28, 2008, to the date of full payment.

LIZA CATHERINE WANGARI MWANGI v ATTORNEY GENERAL [2010] KEHC 1528 (KLR)

✦ The court finds the plaintiff suffered serious physical and mental torture and awards general damages of KSh.5,000,000 and aggravated damages of KSh.2,000,000.

Kenneth Kibiwott Kipchuma v Republic [2010] KEHC 1106 (KLR)

✦ The appeal against conviction and sentence is dismissed

ROBERT MWANGOME MALANGA & REPUBLIC [2010] KEHC 1370 (KLR)

✦ The three-year sentences for each count are upheld, but the consecutive sentences are set aside and replaced with concurrent sentences.

REPUBLIC v COMMISSIONER OF POLICE Ex-Parte FASIL HAMMED [2010] KEHC 717 (KLR)

✦ The court found that the vehicles were being held without any justification and arbitrarily, and ordered the release of the vehicles.

BENARD MWANGI NDERITU & 5 others v NDIARA ENTERPRISES LTD [2010] KEHC 1266 (KLR)

✦ The orders granted on 19th March, 2010 are set aside as irregular due to lack of service. The application is allowed to that limited extent.

REPUBLIC v PHILIP KISIA, THE TOWN CLERK, CITY COUNCIL OF NAIROBI & another Ex-parte BESPOKE INSURANCE BROKERS LIMITED [2010] KEHC 1235 (KLR)

✦ The court declines to grant the orders sought and strikes out the Notice of Motion with no costs awarded.

CYLUS OMULA NDEZWA T/A FORT SMITH HIGH SCHOOL v ONDIEGI FRANCIS AUKA & another [2010] KEHC 1221 (KLR)

✦ The court allows the application for an interlocutory mandatory injunction, restraining the Plaintiff from handling the school accounts or operating the school until the suit is heard and finalized.

BERNARD CHEGE MBURU v CLEMENT KUNGU WAIBARA & 2 others [2010] KEHC 1349 (KLR)

✦ The court finds no reasonable grounds to recuse itself and denies the motion. The court directs the matter to be placed before the Chief Justice for directions due to delay caused by the appeal.