Kenyan case law

• OMAR SHARIFF ABDALLA v CORPORATE INSURANCE COMPANY LIMITED [2006] KEHC 1196 (KLR)

  ✦ The court grants the application for a stay of execution on condition that the decretal sum of Kshs. 11,730,440/80 is deposited in an interest-earning account in the joint names of the parties' respective advocates at a reputable bank within 45 days of the judgment.

  [2006] KEHC 1196 (KLR) High Court of Kenya 8 September 2006

• REPUBLIC v PETER RAYASI KATUTA [2006] KEHC 1206 (KLR)

  ✦ The accused is sentenced to two years imprisonment.

  [2006] KEHC 1206 (KLR) High Court of Kenya 5 September 2006

• JOHNSON KURIA NJEHIA & 2 OTHERS v EVERLYN MNGODA & 2 OTHERS [2006] KEHC 418 (KLR)

  ✦ The application is dismissed with costs, and the ex-parte orders given in this matter are discharged. The Sacco is at liberty to proceed with their elections in strict compliance with law.

  [2006] KEHC 418 (KLR) High Court of Kenya 4 September 2006

• REPUBLIC v KITSAO MASHA MWAGONA [2006] KEHC 1207 (KLR)

  ✦ The appeal against sentence is dismissed. The sentence of six years imprisonment is upheld.

  [2006] KEHC 1207 (KLR) High Court of Kenya 4 September 2006

• KARIUKI KIRUBI v M.C.M & ANOTHER [2006] KEHC 3356 (KLR)

  ✦ The court grants an order of stay of execution of the judgment for 6 months pending the filing and service of a notice of appeal and the hearing and determination of the appeal.

  [2006] KEHC 3356 (KLR) High Court of Kenya 1 September 2006

• KARIUKI KIRUBI v M.C.M & Another [2006] KEHC 582 (KLR)

  ✦ The court granted an order of stay of execution of the judgment for 6 months pending the filing and service of a notice of appeal, with conditions for security.

  [2006] KEHC 582 (KLR) High Court of Kenya 1 September 2006

• REPUBLIC v JOSIAH MWAI MUYA [2006] KEHC 737 (KLR)

  ✦ The accused is found guilty of murder and sentenced to death

  [2006] KEHC 737 (KLR) High Court of Kenya 31 August 2006

• JOHN SAVAGE v NATION MEDIA GROUP LTD & 2 others [2006] KEHC 3408 (KLR)

  ✦ The Judge dismissed the Chamber Summons, finding that the Defendants' defense of privilege is valid and that the Plaintiff's claim for damages should be dismissed.

  [2006] KEHC 3408 (KLR) High Court of Kenya 31 August 2006

• Julius Kareithi Gichuru & another v Republic [2006] KEHC 1418 (KLR)

  ✦ The court corrects the trial court's sentence to 8 years in prison for each of the five counts, to conform with the law.

  [2006] KEHC 1418 (KLR) High Court of Kenya 18 August 2006

• REPUBLIC v ABDULLAHI ODOWA AHEMED & 2 OTHERS [2006] KEHC 663 (KLR)

  ✦ The court finds the prosecution did not establish a prima facie case and records a finding of not guilty.

  [2006] KEHC 663 (KLR) High Court of Kenya 17 August 2006

• Mokaya v Republic (Criminal Appeal 49 of 2006) [2006] KEHC 3486 (KLR) (15 August 2006) (Judgment)

  ✦ The trial court's failure to record its satisfaction that the child was telling the truth was a fatal omission, and the trial court was not required to give reasons for rejecting the accused's defence.

  [2006] KEHC 3486 (KLR) High Court of Kenya 15 August 2006

• Republic v Henry Were Obuya & another [2006] KEHC 1419 (KLR)

  ✦ The orders for the release of the containers are set aside as the trial court had no jurisdiction to issue such orders.

  [2006] KEHC 1419 (KLR) High Court of Kenya 14 August 2006

• AQUARIUS LIMITED & 9 OTHERS v CHIEF MAGISTRATE’S COURT NAIROBI & 2 OTHERS [2006] KEHC 1493 (KLR)

  ✦ The application is dismissed with each party bearing their own costs.

  [2006] KEHC 1493 (KLR) High Court of Kenya 11 August 2006

• Ableey Nasser Ahmed v Republic [2006] KEHC 1420 (KLR)

  ✦ The trial court's decision to deny the prosecution's application for adjournment was correct, and the decision to set aside the proceedings and direct a fresh trial was inappropriate.

  [2006] KEHC 1420 (KLR) High Court of Kenya 10 August 2006

• MARGARET WAIRIMU & 118 OTHERS v UNGA GROUP LIMITED [2006] KEHC 1518 (KLR)

  ✦ The application to be made parties in the suit as co-plaintiffs is dismissed with costs to the defendant.

  [2006] KEHC 1518 (KLR) High Court of Kenya 9 August 2006

• MARY WANJIRU KAMAU v REPUBLIC [2006] KEHC 1106 (KLR)

  ✦ The sentence is reduced to the period already served, and the appellant is set at liberty.

  [2006] KEHC 1106 (KLR) High Court of Kenya 9 August 2006

• REPUBLIC v FRANCIS KINUTHIA MAINA [2006] KEHC 1173 (KLR)

  ✦ The sentence of five years is reduced to the period already served, and the appellant is set at liberty.

  [2006] KEHC 1173 (KLR) High Court of Kenya 9 August 2006

• COMMUNICATION WORKERS UNION OF KENYA v TELCOM (K) LTD & 2 others [2006] KEHC 1526 (KLR)

  ✦ The plaintiff has failed to establish that the breach complained of as against the defendants is amenable to the relief of the interlocutory orders of injunction. The application dated the 14th of June, 2006 is therefore dismissed with costs.

  [2006] KEHC 1526 (KLR) High Court of Kenya 9 August 2006

• Josphat Nderitu Kariuki (Legal Representative of John Kinyua Nderitu - Deceased) v Pine Breeze Hospital Ltd [2006] KEHC 1179 (KLR)

  ✦ The court dismisses the application to set aside the exparte judgement, as there are no plausible reasons advanced by the applicant for their failure to attend court.

  [2006] KEHC 1179 (KLR) High Court of Kenya 9 August 2006

• LOGHAN NJENGA WAWERU v JOSEPH KAMAU & another [2006] KEHC 1178 (KLR)

  ✦ The court grants a declaration that the plaintiff is the allottee of plot No. 424 by M/s Ndeffo Company Ltd and has been in uninterrupted occupation.

  [2006] KEHC 1178 (KLR) High Court of Kenya 9 August 2006

• REPUBLIC v WANYEKI NJUGUNA [2006] KEHC 1172 (KLR)

  ✦ The sentence of five years is reduced to two years, with the period served already counted.

  [2006] KEHC 1172 (KLR) High Court of Kenya 9 August 2006

• Republic v John Mwangi Muiruri [2006] KEHC 1165 (KLR)

  ✦ The appeal is allowed and the sentence is reduced to the period served.

  [2006] KEHC 1165 (KLR) High Court of Kenya 9 August 2006

• REPUBLIC v AMOS WACHIRA KIBE [2006] KEHC 1167 (KLR)

  ✦ The sentence of three years imprisonment is reduced to the period already served, and the appellant is set at liberty.

  [2006] KEHC 1167 (KLR) High Court of Kenya 9 August 2006

• ALICE MUMBI NGANGA v DANSON CHEGE NGANGA & another [2006] KEHC 1523 (KLR)

  ✦ The application to set aside the order of dismissal is dismissed with costs. The firm of Waiganjo & Company Advocates are improperly on record.

  [2006] KEHC 1523 (KLR) High Court of Kenya 9 August 2006

• BENJAMIN KIMANI ROMOKA & 2 OTHERS V EVEREADY BATTERIES (K) LTD [2006] KEHC 1525 (KLR)

  ✦ the application for stay of proceedings is dismissed with costs

  [2006] KEHC 1525 (KLR) High Court of Kenya 9 August 2006