Kenyan case law

D M M v N K & A [2006] KEHC 1089 (KLR)

✦ The court declares the plaintiff to be the biological father of the child and grants him custody until the child attains the age of majority.

REPUBLIC v BENARD KHAMALA MAFUKO [2006] KEHC 1347 (KLR)

✦ The accused is found guilty of murder but is not criminally liable due to insanity at the time of the offense.

REPUBLIC v ELPHAS FWAMBA TOILI [2006] KEHC 1334 (KLR)

✦ The court finds the accused guilty of murder and sentences him to death.

REPUBLIC v MWAGA MASHUDI CHETE [2006] KEHC 1086 (KLR)

✦ The court finds the accused guilty of manslaughter.

REPUBLIC v BENARD KHAMALA MAFUKO [2006] KEHC 1346 (KLR)

✦ The accused is placed on his defence and the issue of criminal liability will be dealt with after the case has closed.

REPUBLIC v BENSON KHWATENGE WANYONYI [2006] KEHC 1353 (KLR)

✦ The accused is found not guilty of murder.

WILSON WAITHAKA GITAU v PHILIP KURIA WAINAINA [2006] KEHC 1399 (KLR)

✦ The plaintiff's claim for damages is dismissed with costs.

PABECO ENTERPRISES LTD v HI-TEN CREATIONS LTD & 3 OTHERS [2006] KEHC 1388 (KLR)

✦ The defendants' application for security for costs is dismissed with no order as to costs

NELSON MACHARIA MUHUHU v PAUL MWANGI THIOMO & ANOTHER [2006] KEHC 1389 (KLR)

✦ The plaintiff's application to strike out the defendants' defense for failure to file and serve a list of documents is dismissed. The court ruled that the defendants did file a Police Abstract under the Defendant's list of documents, and that the requirement is to make discovery and file documents, not to serve a list.

KIHINGA FARMERS COMPANY LTD v ELIUD MUCHOKI MAHIHU & 17 others [2006] KEHC 1374 (KLR)

✦ The preliminary objection is upheld and the plaintiff's suit is struck out with costs to the defendants.

REPUBLIC v MOHAMMED BASHIR MOHAMMED & another [2006] KEHC 1090 (KLR)

✦ The court finds the prosecution failed to prove the accused's guilt beyond reasonable doubt and acquits them.

ANTHONY NJOROGE KIARIE & ANOTHER v MOHAMED EGA MUSA [2006] KEHC 1372 (KLR)

✦ The application is dismissed with costs to the respondent.

ANTHONY MWONDU MAINA v SAMUEL GITAU NJENGA [2006] KEHC 1400 (KLR)

✦ The court held that the defendant, Samuel Gitau Njenja, was negligent and ordered him to pay special and general damages to the plaintiff.

ELIZABETH GAKENIA MURIUKI v DISTRICT LAND REGISTRAR NYERI [2006] KEHC 1390 (KLR)

✦ The court orders the cancellation of Jackson Kihuho Muriuki's name from the land register and registers Elizabeth Gakenia Muriuki as the true proprietor of the property.

RAMADHAN KINYUDI v C.F.C. BANK LTD [2006] KEHC 1387 (KLR)

✦ The court does not justify an order of dismissal, but orders the parties to set down the application for hearing within 7 days.

REPUBLIC v FRED NALIANYA WEKESA [2006] KEHC 1356 (KLR)

✦ The accused is placed in his defence, and the court is awaiting his defense strategy.

ERNS MEIR v KENYA RENT A CAR & 2 OTHERS [2006] KEHC 1386 (KLR)

✦ The plaintiff's suit is dismissed for want of prosecution.

KARANJA KAHIA v KENYA TIMES MEDIA TRUST LTD [2006] KEHC 1375 (KLR)

✦ The objection is dismissed with costs.

ALEX OWOKO OBONYO v TIMES ENTERPRISES [2006] KEHC 1384 (KLR)

✦ The application is not tenable and is disallowed with no order as the vehicle was already attached by the auctioneer on 3rd March 2006.

MARGARET NYANDIA NGUGI v MUSA MUIRURI KARIUKI & 3 others [2006] KEHC 1383 (KLR)

✦ The court allows the application for an interlocutory injunction to restrain the 3rd defendant from alienating or interfering with the plaintiff's possession of the land until the hearing and determination of the suit.

IDAH KATUMO v REPUBLIC [2006] KEHC 1209 (KLR)

REPUBLIC v CLEMENT JUMA MASIKA [2006] KEHC 1350 (KLR)

✦ The court finds the evidence does not incriminate the accused and acquits him of the offence of murder.

REPUBLIC v MOSES BARASA NABUTALA [2006] KEHC 1348 (KLR)

✦ The accused is acquitted of murder

REPUBLIC v SIMON WAFULA MAKOKHA [2006] KEHC 1349 (KLR)

✦ The court finds that the accused did not have malice aforethought and convicts him of manslaughter instead.

REPUBLIC v IKUTHA LAND DISPUTE TRIBUNAL [2006] KEHC 493 (KLR)

✦ The Preliminary Objections are dismissed with costs assessed at Kshs. 2000/= to be paid by Mr. Musyoki personally.