Kenyan case law

John Gatutha Muriithi v Republic [2013] KEHC 737 (KLR)

✦ The application for bail pending appeal is dismissed as no exceptional or unusual circumstances have been exhibited by the appellant and the appeal does not have overwhelming chances of success.

Lord Melvin John Blackburn v Lady Kathleen Blackburn [2013] KEHC 1490 (KLR)

✦ The Plaintiff's application is dismissed with costs as it is a disguised application for execution of the judgment.

Ndunda Miano v Mugo Riakathari [2013] KEHC 1449 (KLR)

✦ The appeal is dismissed with costs.

Republic v Kikuyu Land Dispute Tribunal & another Ex-parte Kenneth Ndungu Muigai & another [2013] KEHC 1472 (KLR)

✦ The Tribunal had no jurisdiction to grant the orders it purported to make, and the decision is quashed.

Joseph Kinyanjui Kaara v Zewdi Tesfamichael Hailu [2013] KEHC 6754 (KLR)

✦ The application is dismissed. The Suit Property is registered in the Plaintiff/Applicant's name, and the Defendant/Respondent is not required to pay security for costs.

E O M v E E O [2013] KEHC 1200 (KLR)

✦ The court allows the applicants' application for adoption and orders that Baby S be adopted by E O M and E E O. She shall be known as Z O M and her date of birth shall be 12th July 2010.

Sitarani Hiralal Shorilal Luthra v Loresho Gardens Limited & another [2013] KEHC 1662 (KLR)

✦ The suit is dismissed for want of prosecution.

Nairobi Business Park Limited & another v Kenya Forestry Service & another [2013] KEHC 1606 (KLR)

✦ The application to be joined as an interested party is dismissed.

Serah Wanjiru Ngonde & 2 others v Charles Ngonde & 2 others [2013] KEHC 997 (KLR)

✦ The Plaintiffs have no claim over the Suit Property and have not established a prima facie case with a probability of success.

P. A. W. M v C. M. A. W [2013] KEHC 253 (KLR)

✦ The application for stay is dismissed with costs

Mwangi & 2 others v Ethics and Anti-Corruption Commission & 3 others (Petition 153 & 369 of 2013 (Consolidated)) [2013] KEHC 1689 (KLR) (Constitutional and Human Rights) (1 November 2013) (Judgment)

John Rapemo Obala v Charles Obonyo Obala & another [2013] KEHC 304 (KLR)

✦ The appeal is dismissed with costs to the respondents.

Rebecca Peter Franceskides v Lucas Oloo Opondo & 5 others [2013] KEHC 1464 (KLR)

Captain (Rtd) Frank Mbugua Munuku v Kenya Defence Forces & another [2013] KEHC 6750 (KLR)

✦ Petitioner's rights were violated during detention, and he is awarded Kshs.7 Million in general damages.

P R v W M O [2013] KEHC 1667 (KLR)

✦ The appeal is dismissed with costs to the respondent. The respondent is ordered to proceed and obtain possession of the motor vehicle registration number from Diani Police Station.

John Edward Ouko v National Industrial Credit Bank Ltd [2013] KEHC 1704 (KLR)

✦ The Plaintiff has failed to meet the threshold for granting an interlocutory injunction

Nyakamba Gekara v Attorney General & 2 others [2013] KEHC 6017 (KLR)

✦ The calling of Parents Teachers Association meetings on Saturdays at Kenya High School is not an infringement of the Petitioner's right to freedom of religion under Article 32 of the Constitution.

P M v E K O [2013] KEHC 1223 (KLR)

✦ The marriage is dissolved, decree nisi is issued and shall be made absolute 30 days from the date of this judgment.

In Re Baby T (Minor) [2013] KEHC 1199 (KLR)

✦ The court allows the application for adoption and orders Baby T to be adopted by J M.

D M W v M M N [2013] KEHC 1168 (KLR)

✦ The marriage is dissolved, and a decree nisi is issued.

Jane Gathoni Muraya Kanyotu (The Estate of James Kanyotu) v Abuodha & Omino Advocates [2013] KEHC 1224 (KLR)

✦ The decision of the Taxing Officer is set aside, and the Respondent's Advocate-Client Bill of Costs is taxed afresh with the instruction fees reduced to Kshs.1.5 million.

Rakesh Kumar Anand v Dipak Kumar Anand [2013] KEHC 6755 (KLR)

✦ The delay by the applicant in fixing the suit for hearing was not prolonged and was excusable. The application is allowed and the applicant is directed to fix the suit for hearing within a period of 3 months from today's date.

David Gitau Njau & 9 others v Attorney General [2013] KEHC 6752 (KLR)

✦ Petitioners have established violations of their fundamental rights and freedoms

Joel Muiruri Maganjo & 29 others v Stephen Ndeleva Muasya & 7 others [2013] KEHC 6822 (KLR)

✦ The plaintiffs have not established a prima facie case with a probability of success.

Mombasa Trade Centre Ltd v Blue Shield Insurance Co. Ltd (Under Statutory Management) [2013] KEHC 1670 (KLR)

✦ The ex parte order granting leave to institute civil suit should not be vacated.