Kenyan case law

RACHEL JEBWAMBOK SOI & another v ELIZABETH CHEBOO MARINDICH & another [2009] KEHC 1833 (KLR)

✦ The application for stay of execution of the judgment is granted

ABDUL RAZAK KHALFAN & ANOTHER V PINNACLE LIFE & GENERAL ASSURANCE COMPANY LTD V PINNACLE TOURS & TRAVEL LTD & ANOTHER [2009] KEHC 823 (KLR)

✦ The appeal is dismissed. The non-executive directors of the 1st defendant are ordered to attend court for cross-examination. The 2nd defendant, as managing director, is also ordered to attend court for cross-examination.

In Re Estate of Dickson Kihika Kimani (Deceased) [2009] KEHC 1379 (KLR)

Republic v Town Clerk City Council of Nairobi Ex-parte Njagi Wanjeru practicing as Njagi Wanjeru & Company Advocates [2009] KEHC 1186 (KLR)

✦ The respondent is in contempt of court and is committed to prison for two months.

REBECCA KIMOI BIWOTT v LAND DISTRICT TRIBUNAL KOIBATEK & ANOTHER [2009] KEHC 965 (KLR)

✦ The application is struck out with costs to the Interested Party

LONRHO AGRIBUSINESS v DAVID KIBOIT MITEI [2009] KEHC 1827 (KLR)

✦ The Defendant's application is dismissed with costs to the Plaintiff.

KAROKI KIMARU GATHUA v ELENA WAIRIMU GICHUKI [2009] KEHC 1626 (KLR)

✦ The court grants the applicant leave to file an action out of time against the legal representative of the estate of James Gichuki Muhoro, deceased.

REPUBLIC v JOHN GAKUO & 3 OTHERS Ex-parte MAIN KAMAU & 6 OTHERS [2009] KEHC 1426 (KLR)

✦ The notice of motion dated 4/8/06 is hereby withdrawn with costs to the Respondents.

NOAH CHEMWOR OGEYA v JOHN K. AGEYA [2009] KEHC 1555 (KLR)

✦ The respondent (Ageya) is restrained from blocking the access road between plot numbers NANDI/KAPSENGERE/164 and 165 leading to plot No. NANDI/KAPSENGERE/168.

JOSEPH KIMETO CHEPKWONY V KIPROP ARAP KORIR & ANOTHER [2009] KEHC 1352 (KLR)

✦ The application is dismissed with no order as to costs.

JACK WYCLIFFE MAKOYI WANYONYI v ATTORNEY GENERAL & ANOTHER [2009] KEHC 28 (KLR)

✦ The application is dismissed as the police have the right to probe the matter to the bottom.

KATSURI LIMITED v NYERI WHOLESALERS LTD [2009] KEHC 1635 (KLR)

✦ The plaintiff does not have a prima facie case with any chance of success and the order sought by the applicant is tantamount to extending the term of the lease.

RICHARD OTILA MBARARI v AKAMBA PUBLIC ROAD SERVICES LTD [2009] KEHC 1418 (KLR)

✦ The plaintiff is awarded Kshs. 400,420 for pain and suffering, an artificial leg, and special damages.

MUNENE IRANGI v NELSON GITHINJI [2009] KEHC 1670 (KLR)

✦ The court finds no merit in the respondent’s objection and grants the orders as prayed in the Notice of Motion.

RODAH MUNINI KANAKE v ARON KIOKO MUTUNE & 4 OTHERS [2009] KEHC 1045 (KLR)

✦ The Appeal is dismissed with costs to the Respondents.

In Re Estate of Benson Njaga Mugo (Deceased) [2009] KEHC 1649 (KLR)

✦ The court declines to confirm the grant until the identities and shares of all beneficially entitled persons are determined

PETER ALWANGA INYANGALA & 10 OTHERS v MAVOKO MUNICIPAL COUNCIL [2009] KEHC 1040 (KLR)

✦ The objection is overruled but the plaintiff is at liberty to amend its name

EVALINE ROSA v CATHERINE KORIKO, BENJA KORIKO, DANIEL KORIKO & FELIX KORIKO (Civil Case 74 of 2009) [2009] KEHC 786 (KLR) (13 October 2009) (Ruling)

✦ The application for a mandatory injunction is dismissed with costs.

ANNAH WAMUYU MUHINGO v JOSEPH MURIUKI MUHINGO [2009] KEHC 889 (KLR)

✦ The court granted the applicant's orders, confirming the transfer of land parcel No. KONYU/BARICHO/91 to Annah Wamuyu Muhingo.

DOMINIC GACHIANI KARIMI v JOYCE WANGU MWAI & 4 OTHERS [2009] KEHC 1629 (KLR)

✦ The court dismissed the summons for revocation of grant dated 29th April 2003, finding that the petitioner did not commit any breach against the applicant that would justify the revocation of the grant.

REPUBLIC V ANDREW KIPRUTO MARTIM [2009] KEHC 179 (KLR)

✦ Not guilty

KAGUMO COLLEGE WORKERS SACCO v JOSEPH MUREITHI MWANIKI [2009] KEHC 1647 (KLR)

✦ The motion is dismissed with no order as to costs

ERICK OGARO v ATTORNEY GENERAL [2009] KEHC 1027 (KLR)

✦ There was no violation of the applicant's fundamental rights as the reasons for the delay were acceptable and the applicant was brought to court as soon as was reasonably practicable.

VICTOR ODUOR ODHIAMBO v AKAMBA PUBLIC ROAD SERVICES LIMITED & another (Civil Suit 476 of 2001) [2009] KEHC 1469 (KLR) (12 October 2009) (Ruling)

✦ The suit is dismissed for want of prosecution.

JOHN MIRITI KIRAITHE v KABUBURA KIBURURU MUCHIRI [2009] KEHC 1699 (KLR)

✦ The defendant's defense is not struck out, and the plaintiff's application is dismissed.