Kenyan case law

NAHYE SAID GUHUM & 4 OTHERS v HITAN C. MAJEVDIA & ANOTHER [2009] KEHC 1446 (KLR)

✦ The suit is struck out as the plaint is null and void due to the lack of a verifying affidavit from the other plaintiffs.

ISAIAH ONYANGO OPANDE v REPUBLIC [2009] KEHC 1522 (KLR)

✦ The Appellant's application for Bail pending Appeal is allowed.

SAMUEL ACHOLA NDONGA v DEFRONZA MASAKA [2009] KEHC 1322 (KLR)

✦ The application is dismissed as the applicant has not demonstrated a better right to the property than the respondent, and the court finds it neither fair nor just to issue an interlocutory injunction.

MOLOYIAN OLE MENGATI & ANOTHER v KENYA WILDLIFE SERVICE [2009] KEHC 1442 (KLR)

✦ The motion is dismissed as incompetent and unmeritorious due to non-joinder of the Attorney General and lack of proof of breach of constitutional rights.

BARCLAYS BANK OF KENYA LIMITED (CHARGEE) v LIMURU POSHO MILL LIMITED [2009] KEHC 1349 (KLR)

✦ The court grants the application for an extension of 30 days to register the charge.

JOHN SILAS LENANA PULEIY v HOUSING FINANCE COMPANY OF KENYA LTD. [2009] KEHC 1602 (KLR)

✦ The court finds in favor of the defendant on the interest charged and the undervaluation of the property, but dismisses the plaintiff's claim for the auction being irregular.

JOEL OJWANG OBONGO v FESTUS OGEGA SILA [2009] KEHC 1253 (KLR)

✦ The court finds no merit in the petitioner's application and dismisses it with costs to the objector.

JOHN NTONJIRA v REPUBLIC [2009] KEHC 1803 (KLR)

✦ The conviction and sentence are upheld, but the sentence is suspended and the appellant is ordered to serve 21 months and 15 days in full if sentenced to another offence.

JAMES GICHURU MBERIA & 3 others v REPUBLIC [2009] KEHC 855 (KLR)

✦ The appeal is allowed, and the conviction and sentence are quashed. The appellants are ordered to be retried before another magistrate.

REPUBLIC v TOWN CLERK, MUNICIPAL COUNCIL OF MOMBASA EX-PARTE SHIMANZI ENTERPRISES LIMITED [2009] KEHC 1508 (KLR)

✦ The Court granted the application for mandamus and ordered the Town Clerk to pay the decretal sum and accrued interest.

ADIPO & CO. ADVOCATES v KENYA PIPELINE COMPANY LIMITED [2009] KEHC 1120 (KLR)

✦ The court finds that no valid agreement as to fees was made between the advocate and the client, and therefore the advocate's bill of costs cannot be struck out.

DHANJAL INVESTMENT LTD v KENINDIA ASSURANCE COMPANY LTD [2009] KEHC 1110 (KLR)

✦ The Court set aside the arbitral award and declared its proceedings null and void

RAO JAIVISINTHINJI & 3 OTHERS v PRUDENTIAL DRY CLEANERS [2009] KEHC 1036 (KLR)

✦ The application to join plaintiffs is dismissed with costs to the respondents

RINGERA NAITIRA v GEOFFREY MURITHI RINGERA (DECEASED) & ANOTHER [2009] KEHC 1805 (KLR)

✦ The application has no merit and is dismissed with costs to the Respondents

REPUBLIC v PUBLIC PROCUREMENT REVIEW BOARD EX-PARTE KENYA POWER & LIGHTING COMPANY LIMITED [2009] KEHC 1509 (KLR)

✦ The court declines to grant the prayers and dismisses the application in its entirety.

TERRAZO ENTERPRISES LIMITED v PAVEMENT CLUB “N” CAFÉ, BLUE ELEPHANT LIMITED & SHAILESH PATEL (Civil Case 568 of 2008) [2009] KEHC 1591 (KLR) (16 October 2009) (Ruling)

✦ The application is granted, the defendant's statement of defence is struck out, and summary judgment is entered in the sum of Kshs.16,598,988 against the defendant.

GEDION BAITHINE KIUNGA V CATHOLIC DIOCESE OF MERU TRUSTEES & 3 OTHERS [2009] KEHC 1804 (KLR)

✦ The application is dismissed with costs, and all interim orders are set aside.

PETER KARANJA MWANGI v JOSEPH KAMANDE & ANOTHER [2009] KEHC 1637 (KLR)

✦ The suit and the motion are incompetently before the court for want of Letters of Administration on the part of the Plaintiff.

NZOIA CHEMISTS LTD. & 4 OTHERS v KENYA COMMERCIAL BANK LTD. [2009] KEHC 1597 (KLR)

✦ The application for an injunction is dismissed with costs to the defendant.

JAMES KIBE NDEGWA T/A NEW KAWERU GUEST HOUSE & 2 OTHERS v MAMUKA VALUERS MANAGEMENT LIMITED & THREE OTHERS [2009] KEHC 25 (KLR)

✦ The ruling by Hon. Kubo J. should not be written and delivered, and the case file should be returned to the Land and Environmental Division for further proceedings.

CREDIT & COMMERCE FINANCE LTD v LAVINGTON HOLDINGS LTD & 2 OTHERS [2009] KEHC 1564 (KLR)

KENYA ANTI-CORRUPTION COMMISSION v BHANGRA LIMITED & 4 OTHERS [2009] KEHC 1435 (KLR)

✦ The court grants the interlocutory injunction, preserving the status quo pending the main suit.

MWANAJUMA MOHAMED MWAJINGA v ATHMANI SAID GUO [2009] KEHC 1375 (KLR)

✦ The court orders the land parcel No. KWALE/UKUNDA/965 to be vested in the plaintiff Mwanajuma Mohamed Mwajinga.

CHEVRON KENYA LIMITED (FORMERLY CALTEX OIL KENYA LTD) v MUVIR HOLDINGS LIMITED & ANOTHER [2009] KEHC 1606 (KLR)

✦ The court ordered the Plaintiff to deposit KShs. 3,000,000/00 within fourteen (14) days of delivery of this ruling as security for damages that may be awarded to the 1st Defendant.

ESPOSITO FRANCO v AMASON JEFFAH KINGI & 2 OTHERS [2009] KEHC 4246 (KLR)

✦ The court dismissed the petition as it was not properly before the court and the requirement of payment of Kshs. 250,000 as security within 3 days of filing the Election Petition is unreasonable.