Kenyan case law

REV. FRANCIS WANGUNYU NYORO V SIMON CHEGE NYORO & ANOTHER (Environment & Land Case 2240 of 2007) [2012] KEHC 1605 (KLR) (23 October 2012)

✦ The defendants' motion to set aside the ex parte judgment is dismissed with costs to the plaintiff.

NEW KENYA CO-OPERATIVE CREAMERIESLTD V EDWARD MURIU KAMAU & 3 OTHERS [2012] KEHC 1477 (KLR)

✦ The court dismissed the application, finding that the plaintiff had not shown substantial loss and that the delay in bringing the application was inordinate.

JOSEPH MWANGI MWAURA V DAVID MBURU MWAURA [2012] KEHC 1469 (KLR)

✦ The trial court's decision is sound and the survey plan found on page 29 of the Record of Appeal shall be adopted.

JOHN OMONDI ODUOL V REPUBLIC [2012] KEHC 1513 (KLR)

✦ The convictions and sentences of the trial court are hereby upheld and confirmed.

KENYA BREWERIES LIMITED V MUNICIPAL COUNCIL OF MOMBASA & 6 OTHERS [2012] KEHC 692 (KLR)

✦ The Court denied the Plaintiff's application for leave to amend the plaint.

ALI SHUBER HABSBY V MEMBEYU BULE [2012] KEHC 1388 (KLR)

✦ The application for stay of proceedings pending appeal is dismissed.

ABDULGAFUR ABDULGANI PASTA V HARRISSON MWARUMBA MBUI [2012] KEHC 1363 (KLR)

✦ The court grants interim orders in terms of prayer 3 of the Notice of Motion, with costs to the plaintiff.

SUSAN CHEMAIYO CHEPNGOM V SAMMY KIPRONO KOECH [2012] KEHC 997 (KLR)

✦ The application is allowed, and the court orders that Sammy Kiprono Koech is restrained from interfering with the process of sub-division and survey of the parcel known as MOGOBICH/CHEPTILILIK/BLOCK 1/86. The officer in charge of police at the nearest police station is to provide security during the survey and sub-division exercise. The applicant shall meet the costs of the police escort.

DAVID OYE ASHIOYA V REPUBLIC [2012] KEHC 1303 (KLR)

✦ The appeal is incompetent and is struck out.

MAHESH JAYANTILAL PATTNI & 2 OTHERS V AISHABAI ADAM YAKUB KASMANI & ANOTHER [2012] KEHC 1468 (KLR)

✦ The application is dismissed with costs.

JOEL MWANGI KIHANGA & 2 OTHERS V ATTORNEY GENERAL & 2 OTHERS [2012] KEHC 1377 (KLR)

✦ Petition dismissed with no order as to costs

DANIEL WAKOLO TIENGO t/a METRO COLLEGE OF EASTERN AND SOUTHERN AFRICA V GEORGE MUKIZA MUDANYA t/a MUDASA ACADEMY [2012] KEHC 1532 (KLR)

✦ The Plaintiff's suit was struck out and/or dismissed with costs on 22/7/2010. The Defendant's application to strike out the Plaintiff's motion was not competent and was struck out with costs.

ANTONINA OUMA OCHINO V WILLIS OGOLA OKENDO (Civil Appeal 33 of 2012) [2012] KEHC 1386 (KLR) (22 October 2012)

✦ The application is dismissed with costs

KABIBI KALUME KATSUI v REPUBLIC [2012] KEHC 1336 (KLR)

✦ The court rejects the appellant's application and directs that the appeal proceeds to hearing.

GRAHAM VETCH V CALVIN BURGESS & ANOTHER [2012] KEHC 1857 (KLR)

IN THE MATTER OF BABY C.N [2012] KEHC 1620 (KLR)

✦ The application is allowed, and the Originating Summons dated 8th December 2010 is hereby allowed and orders granted in terms of prayers 2 and 5 thereof, the consent of the biological father having been duly noted and recorded as a final consent.

AGNES WAMBUI KIRITU V & ANOTHER JOSEPH GACHOKI GITARI T/A GEO-ACRE SURVEYS [2012] KEHC 1824 (KLR)

✦ The application is dismissed with costs.

IN THE MATTER OF BABY C. M [2012] KEHC 1726 (KLR)

✦ The court orders an affidavit of means to be filed with requisite documentary evidence.

ASKAH MOGENDI & ANOTHER V SHEM MAGARA [2012] KEHC 1761 (KLR)

✦ Time is hereby extended to the plaintiffs to file a suit in terms of the draft plaint annexed to the Originating Summons.

KABIBI KALUME KATSUI V REPUBLIC [2012] KEHC 1334 (KLR)

✦ The court rejects the appellant's application and directs that the appeal proceeds to hearing.

JACOB GITHINJI MACHARIA v REPUBLIC [2012] KEHC 1465 (KLR)

✦ The death sentence is constitutional and the conviction and sentence are upheld.

JOHN OTIENO EJENJE V REPUBLIC [2012] KEHC 1648 (KLR)

✦ The appeal is dismissed. The conviction is upheld. The sentence is reasonable.

LOTUS HOTEL V WATER RESOURCES MANAGEMENT AUTHORITY [2012] KEHC 1397 (KLR)

✦ The court dismissed the suit for want of prosecution.

BONIFACE MULI V HANNINGTON MUSYOKI [2012] KEHC 1492 (KLR)

✦ The application is bad in law and incurably defective as the Appellant lacks locus standi in the present suit

REPUBLIC V PETER MWANGI MURIGI [2012] KEHC 933 (KLR)

✦ The court finds the accused not guilty of murder and acquits him.