Kenyan case law

MUCHIRI MUHUNYO v MWANGI MUHUNYO [2009] KEHC 1371 (KLR)

✦ The appeal is maintained on record for the parties to canvas the issues at the hearing.

JAYNE WANJIKU MWANGI v CITY COUNCIL OF NAIROBI & ANOTHER [2009] KEHC 1365 (KLR)

✦ The case should proceed to full trial where evidence will be called and submissions will be considered.

OBEDI NDUBI & 7 OTHERS v KAMARA FARMER’S CO-OPERATIVE SOCIETY LIMITED [2009] KEHC 1122 (KLR)

✦ The court found that the appellants complied with the Tribunal's order and that the appeal dated March 23, 2004 was validly before the court. The court dismissed the appeal.

MIRIAM WANJIRU MWANGI v NORTH TETU FARMERS CO. LTD [2009] KEHC 1507 (KLR)

✦ The court orders the defendant to register the specific portion of land comprised in the suit premises in favour of the personal representative of the deceased.

ALEXANDER GEORGE KIRAITHE v JAMES NJERU KABURIA [2009] KEHC 1367 (KLR)

✦ The court finds that the plaintiff is entitled to the land and orders the defendant to transfer it within 21 days, with the Deputy Registrar signing the necessary documents in the plaintiff's favor if the defendant fails to comply.

REPUBLIC v PHARIS GITHUA MBUGUA [2009] KEHC 1528 (KLR)

✦ The accused has a case to answer.

ATHUMANI M. BUNDO & ANOTHER v SHIYATOR HOLDINGS LTD [2009] KEHC 1083 (KLR)

✦ The court dismissed the defendant's preliminary objection.

ELIUD MUTHIE NGARI v SUSAN WANGECHI NGARI [2009] KEHC 1516 (KLR)

✦ The Central Provincial Land Disputes Appeals Tribunal erred in hearing the issue of trust to the suit premises as the tribunals do not have jurisdiction to entertain such matters.

MOSES NJUGUNA GICHIA v JAMES EVANSON MWANGI GITAU [2009] KEHC 905 (KLR)

✦ The application is dismissed with costs to James.

PAMELA AKINYI OPUNDO v BARCLAYS BANK OF KENYA [2009] KEHC 1559 (KLR)

✦ The court held that the defendant bank was liable for debiting the account with Kshs.1,750,000 and ordered the bank to pay the plaintiff Kshs.2,065,000 plus interest.

FREDRICK MULUMBA T/A FREBA INVESTMENTS v NATIONAL CEREALS & PRODUCE BOARD [2009] KEHC 1567 (KLR)

LEE ENTERPRISES LIMITED v KENYA INDUSTRIAL ESTATES LIMITED [2009] KEHC 1604 (KLR)

✦ Interest on special damages is to be calculated from the date of filing the suit, and on general damages from the date of judgment.

BALI HASSSAN GODANA & ANOTHER v REPUBLIC [2009] KEHC 1548 (KLR)

✦ The court grants bail to the applicants pending appeal due to the substantial merit in the appeal and the risk of the applicants serving their sentence before the appeal is heard.

REPUBLIC v EDWIN NYAMBIGE NYANDIKA & 3 OTHERS [2009] KEHC 175 (KLR)

✦ Accused No. 1, 2, and 3 found guilty; Accused No. 4 found not guilty

KENYA FARMERS ASSOCIATION LTD v NATIONAL BANK OF KENYA LTD [2009] KEHC 1034 (KLR)

✦ The application must fail and is dismissed with costs to the respondent

In Re The Estate of Kibirech Arap Maiya (Deceased) [2009] KEHC 71 (KLR)

✦ Confirmation of grant granted subject to clarification of ages of widow and survivors as of October, 2009

RUTH WAITHIRA NGECHU & ANOTHER v JOHN MUCHIRI GITONGA & 2 OTHERS [2009] KEHC 1595 (KLR)

✦ The application is dismissed with costs, as it would be against public policy to grant an injunction at this interlocutory stage.

BENEDICT MUTIA MWOVA v IN THE MATTER OF BANKRUPTCY ACT [2009] KEHC 1607 (KLR)

✦ The application is dismissed with costs to the Official Receiver

GABRIEL MUNANGA IMALI v REPUBLIC [2009] KEHC 1530 (KLR)

✦ The appeal is dismissed. The appellant is sentenced to five (5) years imprisonment.

In Re Estate of Dishion Kiptoo Busienei (Deceased) [2009] KEHC 1149 (KLR)

JOSEPH SHINAI V REPUBLIC [2009] KEHC 376 (KLR)

✦ The appeal is dismissed. The appellant is the one who attacked the complainant and was arrested trying to escape from the scene.

AIRCRAFT CONTRACTS KENYA LTD. v BALMORAL CONTRACTS KENYA ROBIN REID [2009] KEHC 1627 (KLR)

✦ The court dismissed the application to set aside the arbitral award.

KINUTHIA MUCHINA & another v REPUBLIC [2009] KEHC 353 (KLR)

✦ The court found the evidence insufficient to prove the appellants' guilt and quashed their convictions, ordering their immediate release.

MARY MUTHONI NDUNGU v KENYATTA NATIONAL HOSPITAL STAFF SUPERRANNUATION SCHEME & ANOTHER [2009] KEHC 1216 (KLR)

✦ The court grants a temporary order of injunction restraining the respondent by themselves, their servants, employees or agents from interfering with the applicant’s quiet possession of the suit premises or evicting her from the suit premises within the next 30 days with effect from today.

BARNABAS OTUNDU BALE v REPUBLIC [2009] KEHC 1529 (KLR)

✦ The appellant was correctly identified as the attacker and the prosecution proved his guilt beyond reasonable doubt. The appellant's sentence is reduced from two years to seven months.