Kenyan case law

JOSEPH KIPTONUI KOSKEI v KENYA POWER & LIGHTING CO. LIMITED [2010] KEHC 937 (KLR)

✦ The court finds the defendant owed the plaintiff a duty of care and the live wire belonged to the defendant.

ANTONY FRANCIS WAREHAM v BRIAN JOHN HAWKES & another [2010] KEHC 1422 (KLR)

✦ The court ordered a permanent injunction to restrain the defendants from evicting the plaintiff from the suit premises and from alienating, selling, or disposing of the property.

MARGRIT SOMMER CHARO v ISAAC NJUGUNA NJOROGE [2010] KEHC 1496 (KLR)

✦ The plaintiff's application is declined with no order as to costs.

PAUL ORIMA ONIALA & 3 others v SIMON JAKOYO MIDHUNE [2010] KEHC 295 (KLR)

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

ROBERT KABWERE KITI v REPUBLIC [2010] KEHC 1359 (KLR)

✦ The conviction and sentence are upheld

BEN LEMANGA OLE MAGILU v REPUBLIC [2010] KEHC 1546 (KLR)

✦ The Appellant's conviction and sentence are confirmed. The death sentence is upheld.

SAMMY KANYINGI MUGEREKI v JOSEPH MWAURA MUROKI & another [2010] KEHC 1507 (KLR)

✦ The 2nd defendant is restrained from further cutting down trees or making further alterations on the house until the suit is heard and determined. The 2nd defendant is also restrained from sub-dividing or selling the land.

In Re the matter of Midland Company Limited [2010] KEHC 842 (KLR)

✦ The court finds that a sale took place in favour of the applicant and a certificate was issued in his favour as the purchaser. The court orders a vesting order in favour of the applicant as the purchaser of land known as Chembe Kibabamshe/520.

ALI BAKARI MOHAMED vs SONGHAI INVESTMENT LTD & ANOTHER [2010] KEHC 1541 (KLR)

✦ The court allows the change of legal representation and orders that the firm of Fadhil and Kilonzo take over representation of the plaintiff.

AMARNATH ENTERPRISES LIMITED & NYALI CONSTRUCTION & ELECTRICL SERVICES LIMITED (A JOINT VENTURE UNDERTAKING) v UGANDA PROPERTY HOLDINGS LIMITED & another [2010] KEHC 1493 (KLR)

✦ The court ordered the status quo to be maintained for 14 days from the date of the judgment.

ALFRED MJOMBA MUCHILI & another v REPUBLIC [2010] KEHC 1550 (KLR)

✦ Quash both convictions and set aside the attendant sentences

BETH WANJIRU MULINGE v JAMES MUTONGA MULINGE [2010] KEHC 1495 (KLR)

✦ The dismissal of the temporary injunction application for none-attendance is set aside and the application is heard on merits.

EMMANUEL NYANGE v REPUBLIC [2010] KEHC 1357 (KLR)

✦ Conviction for defilement is confirmed, conviction for escape from lawful custody is quashed, and the sentence for defilement is upheld.

RAI TSUMA MWAMBAJI v REPUBLIC [2010] KEHC 1363 (KLR)

✦ The conviction is confirmed, but the sentence of 15 years is set aside and substituted with a term of 20 years imprisonment.

HIGHWAY CARRIERS LTD v REJE MOHAMMED REJE [2010] KEHC 1348 (KLR)

ADDU KASSIM AHMED & 6 others v RESIDENT MAGISTRATE`S COURT GARSEN [2010] KEHC 1239 (KLR)

✦ Orders of certiorari to quash the decision made on 9th November 2009 and 8th March 2010

DANIEL JOSEPH KINYANJUI v REPUBLIC [2010] KEHC 1477 (KLR)

✦ The plea of guilty was properly recorded and the conviction was proper. The sentence of three years is set aside and replaced with a term of twelve months imprisonment.

DAVID OMWENGA MAOBE v JOHN TELEYIO OLE SAWOYO [2010] KEHC 983 (KLR)

✦ Grant stay of execution pending appeal, but defendant cannot sell, transfer, lease, or charge the suit land until appeal is heard.

RINYA HOSPITAL LIMITED v AWENDO TOWN COUNCIL & 21 others [2010] KEHC 1008 (KLR)

✦ The plaintiff is not entitled to the suit land and the orders sought in the plaint. The 1st and 11th defendants are entitled to the prayers sought in their respective counterclaims.

SHELL KENYA LIMITED v HUSSEIN DAIRY LIMITED [2010] KEHC 1568 (KLR)

✦ The court finds no merit in the application for a stay and dismisses it.

PETER NDII v REPUBLIC [2010] KEHC 1368 (KLR)

✦ The conviction and sentence are quashed, and a retrial is ordered.

PHILIP OTIENO OLUOCH vs HELLEN OGINDO [2010] KEHC 1694 (KLR)

✦ The court found that the marriage has irretrievably broken down due to adultery and cruelty

RIZIKI AHMED KIBWANA v PATRICK WANYAGI MURIUKI [2010] KEHC 682 (KLR)

✦ The court held that the transfer of the suit land to the defendant was null and void due to fraud, forgery, and impersonation.

P O O v H A O [2010] KEHC 1500 (KLR)

✦ The court found that the marriage had irretrievably broken down due to adultery and cruelty

OPA LIMITED v SPEEDDWAY INVESTMENTS LTD & another [2010] KEHC 743 (KLR)

✦ The court granted the restraining order as prayed for by the Plaintiff.