Kenyan case law

Christopher Lomoi v Republic [2005] KEHC 1896 (KLR)

✦ The appeal is allowed, convictions and sentences are quashed, and the appellant is ordered to be retried.

Republic v Daniel Timayo Mumeita &3 others [2005] KEHC 1632 (KLR)

✦ The prosecution has failed to establish a prima facie case against all the accused persons and they are hereby acquitted under Section 210 of the C.P.C.

Republic v Nyandarua District Land Disputes Tribunal & 2 others [2005] KEHC 1221 (KLR)

✦ The court grants the orders as sought in the application dated 9th February, 2005 and awards costs of the same to the subject as against the second respondent.

Republic v Daniel Timayo Mumeita & 3 others [2005] KEHC 1861 (KLR)

✦ The prosecution has failed to establish a prima facie case against all the accused persons and they are hereby acquitted under Section 210 of the C.P.C.

Ndume Ntuiru & 53 others v Catholic Diocese of Meru & another [2005] KEHC 1518 (KLR)

✦ The decree dated 26.8.1997 is amended to show that any persons squatting, farming or grazing on the 82 acres belonging to the Gatunga Catholic Mission should move out.

Jeremiah Ouma Oduor v Republic [2005] KEHC 3271 (KLR)

✦ The applicant is granted 21 days leave to file the appeal out of time.

Lee Waigwa Waruingi v Housing Finance Co. of Kenya Limited [2005] KEHC 1503 (KLR)

✦ The Plaintiff is not guilty of delay let alone inordinate delay, and the Defendant's application is dismissed with costs

REPUBLIC v KENYA CHEA THOYA [2005] KEHC 3384 (KLR)

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

Jacob Gitonga v Kiramburi M’Nabea [2005] KEHC 2056 (KLR)

✦ The court dismissed the appeal and ordered the defendant to transfer the one acre of land to the plaintiff's name once the titles are available.

Republic v Nyeri District Land Disputes Tribunal & 4 others [2005] KEHC 1384 (KLR)

✦ The award is null and the tribunal acted outside its jurisdiction. An order of certiorari is granted to quash the proceedings and decision of the tribunal, and an order of prohibition is granted to restrain the Chief Magistrate's Court from acting on the award.

Ernest M. Mugambi R. Iburi v Jacob Henry Kirimi & another [2005] KEHC 1567 (KLR)

✦ The plaintiff has acquired title to land parcel NTIMA/IGOKI/2504 by adverse possession.

Kenya Shell Limited v Kileleshwa Service Station Limited [2005] KEHC 3156 (KLR)

✦ The Court grants the extension of time for filing the undertaking to pay damages and confirms the injunction. The interlocutory judgment on the counterclaim is set aside.

Republic v Kenya Chea Thoya [2005] KEHC 1374 (KLR)

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

Samuel Kimuchu Gichuru v Hon. Ochilo Ayako & 6 others [2005] KEHC 2128 (KLR)

✦ The court grants the order for certiorari but declines to grant a prohibitory order.

Republic v Joseph Ngugi Mungai (Criminal Revision 7 of 2005) [2005] KEHC 1946 (KLR) (28 July 2005) (Ruling)

✦ A retrial is warranted as the trial Magistrate's remarks may have caused the complainant to fear the court was compromised.

Republic v Laikipia Land Disputes Tribunal & 3 others [2005] KEHC 1303 (KLR)

✦ The court quashes the decisions of the Laikipia Land Disputes Tribunal and the Nanyuki Senior Resident Magistrate's Court

Kenya Ports Authority v Wayland Limited & 2 others [2005] KEHC 3296 (KLR)

✦ The plaintiff's claim discloses a cause of action and raises triable issues, thus the application to strike out the plaint is dismissed.

Newspace Creators Ltd v Municipal Council of Meru [2005] KEHC 3380 (KLR)

✦ The Court denied the Plaintiff's application for an injunction.

Jeremiah Ouma Oduor v Republic [2005] KEHC 1914 (KLR)

Mathiu Elijah Solo v Joseph Muriira Thaimuta [2005] KEHC 2101 (KLR)

✦ The appeal is dismissed, and the plaintiff is granted the reliefs sought.

In Re the Estate of Miriti M’Muga (Deceased) [2005] KEHC 2081 (KLR)

✦ The applicant is entitled to the orders sought and the grant of representation to the deceased's estate is made to the applicant.

Kigen Luka Kipkorir v Joel Langat & Chelaite Alicen Ronoh (Election Petition 4 of 2003) [2005] KEHC 3305 (KLR) (28 July 2005) (Ruling)

✦ The petition is struck out as fatally defective.

Sarafin Gitonga Muyandi v Republic [2005] KEHC 1182 (KLR)

✦ The conviction is quashed due to the lack of other evidence connecting the appellant to the robbery.

Registered Trustee of the Diocese of Mt. Kenya South Aglican Church of Kenya v Charles Wachira Ngundo [2005] KEHC 3270 (KLR)

✦ Defendant's defense is not a proper candidate for striking out, nor is this a proper case for the grant of summary judgment.

Justus Mulei Kituku T/A Kituku & Co. Advocates v Kenya Knitting & Weaving Mills Co. Ltd [2005] KEHC 3282 (KLR)

✦ Judgment is entered for the plaintiff against the defendant for Kshs 195,859.50 with interest at court rate from the date of suit until payment in full. The defendant shall pay the plaintiff's costs of the suit.