Kenyan case law

JOSEPH WACHIRA MWANGI v JOHANA KAMAU WAMBUGU & ANOTHER [2009] KEHC 1978 (KLR)

✦ The plaintiff's claim of adverse possession is dismissed, and the defendants are granted eviction and compensation.

PATRICK TARZAN MATU & ANOTHER v NASSIM SHARIFF NASSIR ABDULLA & 2 OTHERS [2009] KEHC 1085 (KLR)

✦ The application to strike out the plaint is granted, and the plaint is struck out as it fails to disclose a reasonable cause of action.

REMICUS LIKAVO MUHALIA v REPUBLIC [2009] KEHC 1135 (KLR)

✦ The appellant escaped from lawful custody and the prosecution proved its case beyond reasonable doubt. The appeal is dismissed.

REPUBLIC v PAUL KIPKEMOI KORIR [2009] KEHC 753 (KLR)

✦ The charge is an illegality and cannot be withdrawn. The charge sheet is struck out.

JOSHUA MIRITI NTARICHIA v ISAACK M’NKINKAIBUA & ANOTHER [2009] KEHC 1916 (KLR)

✦ The appeal is allowed, and the ruling of the lower court is set aside. The injunction is vacated, and the appellant is awarded costs of the appeal.

BETTY CHEPCHIRCHIR SEGUTON v KUNSTE HOTEL LIMITED [2009] KEHC 1304 (KLR)

✦ The application for stay is dismissed with no order as to costs.

REPUBLIC V JOEL KIPKOECH LANGAT [2009] KEHC 178 (KLR)

✦ The accused is found guilty of murder

HOSEA NDERI KIRIITHI v KENYA NATIONAL ASSURANCE COMPANY LIMITED (2001) [2009] KEHC 719 (KLR)

✦ The Originating Summons is incompetent and is hereby struck out.

REPUBLIC v GEOFFREY CHERUIYOT CHIRCHIR [2009] KEHC 163 (KLR)

✦ The accused is found guilty of murder

ELIAS MAINA KING’ORI v JOSEPH KABUTI T/A MAHIGA SERVICE STORES [2009] KEHC 1877 (KLR)

✦ The appeal is dismissed with costs to the respondent due to the appellant's failure to attach the decree of the lower court to the appeal.

MARIAM MWENI MUSEMBI & another v FERNANDO VISCHI & 4 others [2009] KEHC 1190 (KLR)

✦ The application is dismissed with costs

MANAZ HABIB GHULAM FATHEL v ARSHAD UL-HAQ NIAZ [2009] KEHC 831 (KLR)

✦ The application to enjoin the Applicant/Interested Party is dismissed.

JOHN KINGORI GICHUKI & ANOTHER v CHARLES KIOGORA [2009] KEHC 1345 (KLR)

✦ The 2nd appellant's appeal is allowed with costs and the judgment and decree of the lower court as relates to him is set aside. The suit against him is dismissed with costs. The 1st appellant's appeal lacks merit and is dismissed with costs to the respondent.

KENYA BUREAU OF STANDARDS v LUNGA LUNGA TIMBER MART LIMITED (Civil Suit 331 of 2009) [2009] KEHC 1250 (KLR) (Civ) (8 October 2009) (Ruling)

✦ The court ordered the defendant to be restrained from carrying on its timber business in a manner that would cause excessive noise and/or vibration or unnecessary dust that would interfere with the plaintiff's business.

PETER KURGAT v REPUBLIC [2009] KEHC 1064 (KLR)

✦ The sentence is set aside and the case is ordered to be retried before another magistrate at the Children's Court

MWANGI MUCHOYA v BEATRICE WANGARI WANDERI & 2 OTHERS [2009] KEHC 1744 (KLR)

✦ The entire land parcel Loc.8/Matharite/960 goes to the appellant, and the rest of the distribution remains as per the judgment of the learned magistrate.

TERESIAH WANJIRU NGARI v HENRY MBURU MARUNGO & ANOTHER [2009] KEHC 1511 (KLR)

✦ The application is allowed, and the suit is struck out with costs.

M.M. H v R.B.H [2009] KEHC 950 (KLR)

✦ The court finds the respondent has treated the petitioner with cruelty and is in desertion, thus the marriage has irretrievably broken down and is dissolved.

REPUBLIC v FRANCIS MBOGO WAMBUGU [2009] KEHC 4182 (KLR)

✦ The accused is sentenced to death for murder.

ISAAC NDERITU NYAGA v STANLEY GATHANGA & ANOTHER [2009] KEHC 1785 (KLR)

✦ Appeal is incompetent for want of decree and is struck out with costs to respondents.

Paul Rukaria v Julius Kimathi Mbogori [2009] KEHC 1297 (KLR)

✦ The court allowed the plaintiff's application to review the judgment and set aside the decree due to non-compliance with procedural rules.

REPUBLIC V RUTH MUTHONI GACHANJA & ANOTHER [2009] KEHC 177 (KLR)

✦ No case to answer to the charge of murder.

PETER NJOROGE NGAHU T/A NGAHU ASSOCIATES v TETU HOUSING CO-OP. SOCIETY [2009] KEHC 1728 (KLR)

✦ The court vacated and set aside the garnishee order absolute.

HILLARY KIPKEMOI MUTAI v REPUBLIC [2009] KEHC 1028 (KLR)

✦ The two counts against the offender are hereby quashed and sentence set aside. The offender is ordered to be subjected to a retrial under section 8 of the Sexual Offences Act in two counts and under section 18(1) of the Sexual Offences Act in the alternative.

THOMAS MBOYA ASIRA V REPUBLIC [2009] KEHC 287 (KLR)