Kenyan case law

Dubai Bank Kenya Ltd v Insurance Company of East Africa Ltd [2013] KEHC 1681 (KLR)

✦ The tenancy was not a controlled tenancy, and the notice of termination was valid and in accordance with the lease terms.

Wambugu, Motende & Co. Advocates v Attorney General of Kenya (Representing the Ministry of Informaiton & Communications) (Miscellaneous Application 1091 of 2009) [2013] KEHC 1687 (KLR) (Commercial and Tax) (31 October 2013) (Ruling)

✦ The Court agreed with the Taxing Officer and held that the Bill of Costs of the Applicant/Advocates was properly before Court and that the Deputy Registrar had jurisdiction to tax the same.

Republic v Chairman, Land DisputeTribunal – Lurambi Division & 2 others ex-parte Herbert Andala Inyende [2013] KEHC 1622 (KLR)

✦ The decision was illegal, null and void, and certiorari orders will issue.

Republic v Chairman, Land Disputes Tribunal Lurambi Division [2013] KEHC 1628 (KLR)

✦ The decision of the Land Disputes Tribunal was made outside their powers and is therefore illegal, null and void and is quashed through certiorari.

Nishi Kent & another v John Owayo Neko & 13 others [2013] KEHC 1573 (KLR)

✦ The orders issued on 14th July 2003 and 30th March 2004 are discharged, and the 10th Interested Party is allowed to continue occupying LR 11531/14.

Kent Libiso & another v Cirkon Trust Co Ltd & 2 others [2013] KEHC 6767 (KLR)

✦ The court granted the Plaintiff's application for an injunction against the 4th Defendant.

K-Rep Bank Limited v Inclusive Agencies Msa Ltd & 2 others [2013] KEHC 1672 (KLR)

✦ The ex parte judgment is set aside, and the Defendants are granted leave to file a defence.

Zakayo Wanzala Makomere v West Kenya Sugar Co. Ltd [2013] KEHC 1609 (KLR)

✦ The appeal is dismissed with costs to the respondent.

John Omondi Ogutu v Republic [2013] KEHC 448 (KLR)

✦ The appeal is dismissed as the appellant's appeal lacks merit and the complainant was defiled by the appellant.

Kenya Small Scale Farmers Forum & 6 others v Republic of Kenya & another; Kenya National Commission on Human Rights (Interested Party) (Petition 1174 of 2007) [2013] KEHC 6747 (KLR) (Constitutional and Human Rights) (31 October 2013) (Judgment)

✦ The court held that negotiations for the Economic Partnership Agreements were policy matters for the political arms of government and the courts were required to exercise restraint. However, the court would consider issues of breaches of constitutional provisions or violations of fundamental rights and freedoms.

Mary Gitonga v Republic [2013] KEHC 1297 (KLR)

✦ The application is allowed, the proceedings of the trial court were not properly conducted, and the order issued on February 20, 2013, is set aside.

Mordekai Mwanga Nandwa v C.F.C. Stanbic Bank Ltd [2013] KEHC 1645 (KLR)

✦ The court grants the application and allows the stay of execution of the decree pending appeal.

Jamlick Kathuri Mitaro v Republic [2013] KEHC 1109 (KLR)

✦ The appeal is dismissed as the appellant was properly convicted and the sentence was mandatory.

M K v Republic [2013] KEHC 1553 (KLR)

✦ The sentence is within the law and the appeal has no merits, conviction and sentence are upheld

Humphrey Ngure Munene & 2 others v Republic [2013] KEHC 6958 (KLR)

Republic v Permanent Secretary, Office Of The PresidentMinistry Of State For Provincial Administration And Internal Security Ex-Parte Mariam J. D. Hassan [2013] KEHC 1610 (KLR)

✦ The court allows the application and issues an order of mandamus against the Permanent Secretary or any officer currently performing the functions previously performed by that Permanent Secretary.

Kizingo Distributors [1984] Ltd v Tibbette & Britten Kenya Ltd & another [2013] KEHC 1675 (KLR)

✦ The Plaintiff's application for review is dismissed with costs to the 1st Defendant.

In Re J A (Minor) [2013] KEHC 1219 (KLR)

✦ The court allows the applicants' application for adoption. The applicants, D S F and M W F, are hereby allowed to adopt Baby J A. The child shall be known as J S F. A A W and A R K W shall be the legal guardian of the child should such eventuality arise.

L N C v D M K [2013] KEHC 1201 (KLR)

✦ The court grants the Petitioner's petition for divorce and orders that the Petitioner have custody of the minor children.

Kiema Mutie v Republic [2013] KEHC 1537 (KLR)

✦ The Appellant's conviction and sentence are upheld.

Judith Mutanu Stephen v Republic [2013] KEHC 6791 (KLR)

✦ The application for bail pending appeal is dismissed.

Kenya Orient Insurance Co. Ltd v . Mohamed Dulo Dima Alias Moh'd Omar Dima & 2 others [2013] KEHC 1685 (KLR)

✦ The Court grants a stay of execution pending the determination of the appeal, subject to the Appellant depositing the decretal sum in the joint account of both Advocates within 30 days.

Anne Mumbi Hinga v Gaitho Oil Limited [2013] KEHC 1691 (KLR)

✦ The court grants the Plaintiff's leave to admit the witness statement and file a supplementary list of documents.

Daniel Mbithuka Muia v Republic [2013] KEHC 1538 (KLR)

✦ The appeal is dismissed. The conviction is upheld but the sentence is reduced to 20 years imprisonment.

Chandrakat N Gor v Republic [2013] KEHC 6787 (KLR)

✦ The court dismissed the application as the order was not practically incapable of being effected and was not made in error without the benefit of full facts.