Kenyan case law

JOHN MAZERA JIMMY v REPUBLIC [2010] KEHC 1372 (KLR)

✦ The appeal is dismissed. The conviction and sentence are set aside. The Appellant is sentenced to serve ten (10) years imprisonment.

JAMES ONMWANGA MOEMI v REPUBLIC [2010] KEHC 1252 (KLR)

✦ The appeal is dismissed as there is no merit in the appeal.

JOYCE MAINA v INSURANCE REGUALTORY AUTHORITY & 2 OTHERS [2010] KEHC 1378 (KLR)

✦ The suit is struck with costs to the interested party and to the 1st respondent.

REPUBLIC v CHAIRMAN MARANI LAND DISPUTES TRIBUNAL & 2 OTHERS EX-PARTE JANE MANWA & ANOTHER [2010] KEHC 222 (KLR)

✦ The award by the 1st respondent is null and void due to exceeding its mandate and violating the provisions of the Law of Succession Act.

Edward Njunga Kangethe v Joel Kiema Mutinda & 2 others [2010] KEHC 1375 (KLR)

✦ The court granted the plaintiff's prayer for an injunction restraining the defendants from dealing with the suit premises until the suit is heard and determined. The plaintiff is also granted prayer number 2 of the Chamber Summons dated 8th March 2010 until the hearing and determination of the suit.

ABDARIZAK MOHAMED v REPUBLIC [2010] KEHC 1710 (KLR)

✦ The plea of guilty was entered voluntarily and the evidence was sufficient to support the charges. The sentence imposed was appropriate.

APA INSURANCE COMPANY LTD v PATRICK MUSEE MASILA [2010] KEHC 977 (KLR)

✦ The court granted the stay of execution of the decree in the declaratory suit pending disposal of the appeal, subject to the condition that the Appellant deposits the decretal sum within thirty days of delivery of this ruling.

FRANCIS MAINGI K. NDUMBU v MUNYASYA MATOLO [2010] KEHC 884 (KLR)

✦ The court dismisses the Defendant's application to refer the case to a Land Disputes Tribunal, finding that the Plaintiff's claim is not a mere trespass dispute and that the tribunal lacks jurisdiction to deal with the issues raised.

CECICLIA WACHUKA MUCHUKU & Two Others v KENYA POWER & LIGHTING COMPANY [2010] KEHC 1587 (KLR)

✦ The appeal abated due to the one-year delay in applying to join the legal representative of the deceased in the appeal.

FELIX MUTHIANI NGUNGA & 3 others v REPUBLIC [2010] KEHC 832 (KLR)

✦ The appeals are dismissed as the convictions and sentences were based on sound evidence and the circumstances of the offences were aggravated

L & J. INTERNAITONALI NVESTMENTS LTD v AFRISPARES COMPANY LIMITED & ANOTHER [2010] KEHC 1447 (KLR)

NYARIBO NYANKOMBA v MARY BONARERI MUNGE [2010] KEHC 933 (KLR)

✦ The court held that the appellant is not the legal husband of the respondent and that he is not obligated to bury the deceased son at the matrimonial home.

George Ndege Okello v K-Rep Bank Limited & another [2010] KEHC 899 (KLR)

✦ Application for stay of execution of decree granted

KURIA MANYORE & WAMBUI MANYORE T/A MOUNT ANGEL SCHOOL v CONSOLIDATED BANK FO KENYA LTD MAINA NGURU & another [2010] KEHC 1395 (KLR)

✦ The application is dismissed with costs to the defendant. The interim orders are discharged.

NATIONAL BANK OF KENYA LIMTIED v FRANCIS ERIC WASUNA & ANOTHER [2010] KEHC 1444 (KLR)

✦ The suit is reinstated and the parties are directed to take a hearing date on priority basis.

SOUTH NYANZA SUGAR CO. v ZEBEDAYO MKUZI KIHUGWA [2010] KEHC 936 (KLR)

✦ The appeal is dismissed with costs to the respondent.

AFRO APIN LIMITED vGEORGE MANGAA MAGANYA [2010] KEHC 1653 (KLR)

✦ The appeal succeeds, and the respondent's claim before the court below is dismissed. Judgment and decree are set aside with costs.

PATRICK NJUGUNA WACHIRA v NORTH KINANGOP LAND DISPUTE TRIBUNAL & 2 OTHERS Exparte ZIPHORAH WANJIRU MAINA [2010] KEHC 29 (KLR)

✦ The decision of the Tribunal and the judgment of the court are quashed by an order of certiorari.

NDULULU KAVYATI MALOMBE v SAMMY NZIOKI [2010] KEHC 876 (KLR)

✦ The court denied the Plaintiff's application for a mandatory injunction to evict the Defendant from the suit land.

KENNEDY OTIENO ODIYO & 12 OTHERS v KENYA ELECTRICITY GENERATING COMPANY LIMITED [2010] KEHC 282 (KLR)

✦ The application is allowed in its entirety.

NJUCA CONSOLIDATED CO. LTD v ELIJAH OMBATI MATOKE [2010] KEHC 932 (KLR)

✦ The appeal is dismissed with costs to the respondent

REPUBLIC v RONGO LAND DISPUTES TRIBUNAL & another [2010] KEHC 898 (KLR)

✦ The ex-parte applicant's application is granted. The interested party and the 1st respondent shall bear the costs of this application.

KIMAYUE ARAP TAITO v JOSEPH KIPKOECH CHEPKWONY & another [2010] KEHC 1091 (KLR)

✦ The application is defective and the leave sought is denied.

REPUBLIC v GEOFFREY KIPTOO KIRUI [2010] KEHC 439 (KLR)

✦ The accused's plea of guilty was unequivocal. The sentence of five years imprisonment is imposed.

Kairu Mbuthia & Partners v Naran Arjan t/a Neelcon Construction Services [2010] KEHC 294 (KLR)

✦ Judgment is entered for the Applicant for the sum of Kshs.668,501.70, with interest at court rates from December 9, 2009, and the Respondents are ordered to bear the costs of the application.