Kenyan case law

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.

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

✦ The appeal against conviction and sentence is dismissed

JOHN ROKI WAITHAKA v KATRAM LIMITED & another [2010] KEHC 1293 (KLR)

✦ The preliminary point raised at this stage on behalf of the 2nd defendant cannot dispose off the allegations by the plaintiff against both defendants jointly and severally. The preliminary objection is dismissed with costs to the plaintiff.

REPUBLIC v JOHN KAHINDI KARISA & 2 others [2010] KEHC 77 (KLR)

✦ The court ruled that the accused have a constitutional right to be released on bail in a murder case, and the mandatory sentences for murder are now bailable.

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.

REPUBLIC v ALEX INGALA LUKAKHA (Criminal Case 30 of 2005) [2010] KEHC 4153 (KLR) (29 September 2010) (Judgment)

✦ The accused's constitutional claims were dismissed, and the trial was found valid.

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

MWAI MURONDO v STEPHEN MUCHIRA NYAGA [2010] KEHC 1521 (KLR)

✦ The court declares the suit as Res Judicata and dismisses it with costs to the applicant.

KENNETH KARIUKI IRERI v TITUS KITHINJI NDICHI (Civil Case 167 of 2009) [2010] KEHC 1526 (KLR) (29 September 2010) (Ruling)

✦ The application is allowed with costs to the Applicant. The Applicant should not be evicted from the land in question until the main suit is heard and determined. He should also not be restrained from utilizing his land which he must have developed for all those years in any manner he deems prudent.

SIMON KUNGU NJOGU v DR. J. BEFFINGER & another [2010] KEHC 1259 (KLR)

✦ The Plaintiff has acquired by adverse possession an absolute title to the land in dispute and is entitled to be registered as the proprietor in place of the Defendants.

NIZABA INT. TRADING CO. LTD v KENYA REVENUE AUTHORITY [2010] KEHC 1509 (KLR)

✦ The preliminary objection is dismissed.

MARKO MOKAYA NYAGESOA v JAMES MOGI ONKOBA [2010] KEHC 978 (KLR)

✦ The application is dismissed with costs to the defendant.

NAHASHON OLUMA OKOMBO v MIGORI LAND DISPUTES TRIBUNAL & RESIDENT MAGISTRATE’S COURT AT RONGO (Miscellaneous Application 11 of 2008) [2010] KEHC 807 (KLR) (28 September 2010) (Ruling)

✦ The ex-parte applicant is the registered proprietor of the suit land. The 1st respondent exceeded its jurisdiction in making its award, which is a nullity and of no legal consequence. The award cannot be adopted as a judgment by the 2nd respondent or any other court.

PAUL KIBUGI MUITE & another v UNIKEN MARKETING SERVICES LIMITED & another [2010] KEHC 1255 (KLR)

✦ The judge recuses himself from the matter due to a conflict of interest and asks the Principal Judge to allocate it to any other Judge.

REPUBLIC v PUBLIC SERVICE COMMISSION OF KENYA Ex-parte MICHAEL ODONGO JOBITA [2010] KEHC 1234 (KLR)

✦ The application is dismissed with each party bearing their own costs.

NJIRU KITHUA v MINISTER FOR LANDS & 6 OTHERS [2010] KEHC 1241 (KLR)

✦ The petition must fail, and it is dismissed with costs to the respondents and those who opposed the petition.

RESTVILLA LIMITED v KENYA POWER & LIGHTING CO. LTD [2010] KEHC 1268 (KLR)

✦ The court dismissed the application for contempt of court.

JOHN NGARURO MUGO v ELIJAH ADUL & another [2010] KEHC 1330 (KLR)

✦ The application by the defendants for injunction orders against the plaintiff is dismissed.

REPUBLIC v DAVID MWAURA KABERI [2010] KEHC 1249 (KLR)

✦ The accused has a case to answer as the evidence is sufficient to warrant putting the accused on his defence.

MWAZIME MUTEGO v REPUBLIC [2010] KEHC 1365 (KLR)

✦ The conviction and sentence are quashed due to the misapplication of the doctrine of recent possession and the failure to warn the court of the danger of relying on a single witness's testimony.

MOHAMED AKTAR KANA v ATTORNEY GENERAL (Constitutional Application 544 of 2010) [2010] KEHC 4146 (KLR) (28 September 2010) (Ruling)

✦ The court directs the Attorney General, Police Commissioner, and Minister for Internal Security to ensure the Applicant is not transferred without further orders.

MARGARET WAMBOGO NYAGA v CLERK TO EMBU COUNTY COUNCIL, J.G. GITHAKA & COUNTY COUNCIL OF EMBU (Miscellaneous Civil Application 176 of 2006) [2010] KEHC 1525 (KLR) (28 September 2010) (Ruling)

✦ The 1st and 2nd Respondents are found guilty of contempt of court and warrants of arrest are issued against them.

KAHINDI CHARO v REPUBLIC [2010] KEHC 1367 (KLR)

✦ The conviction and sentence are confirmed

GEORGE MUIRURI NJENGA & another v PAUL KAGUNDA NJENGA & 3 others [2010] KEHC 4164 (KLR)