Kenyan case law

In Re the Estate of Ngugi Wanyingi (Deceased) [2006] KEHC 867 (KLR)

✦ Application for revocation of grant dismissed and restraining order issued

JAIRUS MUKOLWE OCHIENG v REPUBLIC [2006] KEHC 1359 (KLR)

✦ The conviction is upheld, and the appeal is dismissed.

M’ANTHAKA M’MWOGA v M'BOORE MWOGA [2006] KEHC 1289 (KLR)

✦ The court declares the undated award a nullity, sets aside the previous judgment and decree, and extends time for challenging the award.

MBUGUA & MBUGUA ADVOCATES v KENINDIA ASSURANCE CO. LTD [2006] KEHC 1297 (KLR)

✦ The application is dismissed. The advocates have earned the costs and the recovery of the same was not dependent on whether or not they had a practicing certificate.

Peter Njue Kariuki v Republic [2006] KEHC 1250 (KLR)

✦ The conviction of the Appellant is quashed and the sentence imposed upon the Appellant is set aside. The Appellant is ordered to be set at liberty forthwith unless lawfully detained in some other cause.

MUCHEKE M’ANARI v E. MWEBIA M’ATUGI [2006] KEHC 1284 (KLR)

✦ The court dismissed the appeal, finding that the subordinate court had no jurisdiction to determine the dispute.

JOHN NJOROGE GITAU & ANOTHER v REPUBLIC [2006] KEHC 1252 (KLR)

✦ Declare the trial of the appellants a nullity, allow the appeal of each appellant, quash the conviction of each appellant, and set aside the sentence imposed.

CHARLES MOHE MBURU v REPUBLIC [2006] KEHC 1343 (KLR)

✦ The Appellant's conviction is upheld, and the appeal is dismissed. The issue of sentence will be reconsidered after assessing the Appellant's age.

AWO SHARIFF MOHAMED T/A A.S MOHAMMED INVESTMENTS v ABDULKADIR SHARIFF ABDIRAHIM & ANOTHER [2006] KEHC 1311 (KLR)

✦ The objector's application fails, and the motor vehicle registration number KAD 662W is released from attachment.

REPUBLIC v CHAIRMAN MERU CENTRAL LAND DISPUTES TRIBUNAL & another Ex-parte M’MIRITI M’NJAU [2006] KEHC 1288 (KLR)

✦ The Tribunal's order granting ownership and revoking proprietorship was found to exceed its jurisdiction.

JOSEPH MEME & ANOTHER V REUBEN MURUNGI [2006] KEHC 1286 (KLR)

✦ The Application is dismissed with costs to the Respondent.

JOHN NJAGI KADOGO & 2 OTHERS v REPUBLIC [2006] KEHC 1360 (KLR)

✦ The conviction and sentence are unsafe and are quashed

DUNCAN MWANGI NGATIA & another v REPUBLIC [2006] KEHC 1285 (KLR)

ANTONY KINYUA MWENDA v REPUBLIC [2006] KEHC 1336 (KLR)

✦ Allow the appeal, quash the conviction and set aside the sentence

MATHEW MUREITHI MAITIMA v SAMUEL MUTUA [2006] KEHC 1283 (KLR)

✦ The appeal is improperly before the court and the application itself cannot be grounded on any one order to which a stay of execution can be granted. The application is struck out with costs.

MURIITHI MWAI MUGO & 2 OTHERS v REPUBLIC [2006] KEHC 1093 (KLR)

✦ The convictions are upheld, and the alternative charge of handling is quashed. The appeals against sentence are dismissed.

REPUBLIC v GEOFFREY MWANGI WATUKU [2006] KEHC 1318 (KLR)

✦ The court finds the accused not guilty of murder but guilty of assault causing actual bodily harm.

R N N V v M S J [2006] KEHC 1306 (KLR)

✦ The application for leave to file divorce proceedings before the statutory period of 3 years has elapsed is refused

JOEL WILBERFORCE OBUNI v REPUBLIC [2006] KEHC 1358 (KLR)

✦ The appeal is allowed; conviction and sentence quashed. The appellant may be released forthwith.

MARGARET MWITUNGI MUTURI v DORAS CIAITA MUTURI [2006] KEHC 184 (KLR)

✦ The appeal is dismissed with costs to the respondent

Republic v Kilonzo Munyoki [2006] KEHC 3552 (KLR)

✦ The Court found the accused's plea of guilty to manslaughter valid and sentenced him to a term of imprisonment.

FRANCIS MUASYA & 5 others v KAVIVIA & another [2006] KEHC 1224 (KLR)

✦ The plaintiffs' suit is an abuse of the process of the court and is scandalous, frivolous, and vexatious. The plaintiffs have not demonstrated a cause of action against the defendants.

In Re the Estate of Kahiga Kararu (Deceased) [2006] KEHC 874 (KLR)

✦ The court held that Langalanga Plot No. 23 is part of the deceased's estate and is available for distribution between the two houses. The 1⁄4 share in Plot C 22 Kahuro Market is also part of the deceased's estate and is to be distributed according to the rules set out in Section 35 to 38 of the Law of Succession Act.

AVTER SINGH BAHRA v RAMESH SHAMJI SHAH T/A MUSICAL SERVICES (Civil Case 2729 of 1998) [2006] KEHC 1222 (KLR) (25 September 2006)

✦ The defendant's defenses are upheld, and the plaintiff's claim is dismissed with costs.

ALEX NYAMU MUTIGA v REPUBLIC [2006] KEHC 1319 (KLR)

✦ The appeal is dismissed on conviction, and the sentence is reduced from 5 years to 3 years.