Kenyan case law

In Re Estate of Teresia Njoki Mwangi (Deceased) [2010] KEHC 1534 (KLR)

✦ The widower's application for confirmation of the grant of letters of administration intestate is granted, with the assets held in trust for the two minors, the widower having a life interest.

JANE KANARIO v REPUBLIC [2010] KEHC 1839 (KLR)

✦ The appellant's application for bail pending appeal is not merited and is dismissed.

MURIU, MUNGAI & CO. ADVOCATES v NEW CO-OPERATIVE CREAMERIS LTD [2010] KEHC 177 (KLR)

✦ The application is dismissed

Andrew Robi Wambura v Mogesi Marwa alias Itaroro & another [2010] KEHC 966 (KLR)

✦ The court ordered the status quo on the disputed land to be maintained until the case is heard and determined, and set the case for priority hearing.

Samuel Nyabiba Nyakeri v Peter Okiabera Omwenga (Civil Appeal 66 of 2008) [2010] KEHC 1530 (KLR) (29 July 2010) (Ruling)

✦ The High Court granted the Applicant's prayer for reinstatement of the stay of execution and ordered the deposit of the rental income in a joint account

REPUBLIC v SAMWEL KIPROTICH CHEPKWONY [2010] KEHC 447 (KLR)

✦ The accused is sentenced to ten years imprisonment for manslaughter.

ERIC KIBET KOROS BOMET & another v NATIONAL BANK OF KENYA LTD & another [2010] KEHC 409 (KLR)

✦ The application for the dismissal of the suit is struck out with leave to the Applicant to file an appropriate application for costs.

EUNICE NYAKIMBA WAWERU v PETER MIYEINDA & 3 others [2010] KEHC 875 (KLR)

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.

Elida Aoko Opiyo v Richard Okach Migawo & 2 others [2010] KEHC 976 (KLR)

✦ The plaintiff's application for a temporary injunction is granted. The defendants are restrained from trespassing on the plaintiff's land pending the hearing and determination of the suit. The defendants shall bear the costs of the application.

Republic v Geoffry Kiptoo Kirui [2010] KEHC 438 (KLR)

✦ The accused is found guilty of manslaughter and sentenced to five years imprisonment.

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

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

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.

Michael Maki v Paul Kimakut Masisai & another [2010] KEHC 1038 (KLR)

✦ The court directs the District Land Registrar to visit the suit land and the defendants' parcels of land to determine where each party is residing and submit a report to the court.

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.

ELDORET TRAVEL AGENCY LIMITED v SAMWEL KANDIE & ANOTHER [2010] KEHC 1535 (KLR)

✦ The court found that the defendants were on the wrong side of the law and allowed the application for eviction and possession of the premises.

PATRICK LESHORE v MOSES KARANJA MACHAIRA & Two Others [2010] KEHC 1611 (KLR)

✦ The applicant's application is dismissed as the court has no powers to revise the order of dismissal.

BEATRICE KAMONYA & ANOTHER v ZHAO XIAO HU [2010] KEHC 1531 (KLR)

✦ The application is dismissed with costs as the plaintiffs do not make out a case for the grant of the orders sought

DICKSON LAWRENCE OCHIENG v REPUBLIC [2010] KEHC 625 (KLR)

✦ The conviction and sentence are upheld

MOSES ACHOKA BWIRE v REPUBLIC [2010] KEHC 2043 (KLR)

✦ The conviction is quashed and the sentence of seven years is set aside. The appellant is ordered released from prison.

AUTOFINE FILTERS & SEAL LTD v PETER GITU GICHUKI T/A PETER BIRDS INVESTMENT (Miscellaneous Civil Application 83 of 2007) [2010] KEHC 1532 (KLR) (28 July 2010) (Ruling)

✦ The application is granted in its entirety. The warrants of attachment and sale are declared illegal and set aside. The time for filing an appeal is extended.

KODECK MAGATI v JAMES OBEGI [2010] KEHC 1011 (KLR)

✦ Richard Obegi, Mwangi Obegi, and George Kariuki Obegi are found guilty of contempt of court and sentenced to six months' imprisonment each.

JOHN KANGOGO KUTO v JOSEPH KIPTANUI CHERUIYOT [2010] KEHC 1536 (KLR)

✦ The defendant is detained in civil jail for a period not exceeding six months and is not heard on any application in the suit until he purges his contempt.

PATRICK LESHORE v MOSES KARANJA MACHAIRA & 2 OTHERS [2010] KEHC 1571 (KLR)

✦ The court dismisses the application as the applicant has no powers under Section 364 of the Criminal Procedure Code to revise the dismissal of the applications for leave to appeal out of time.

JOHN KIPTORUS KILEL v OMAR JUMA & SIX OTHERS [2010] KEHC 1097 (KLR)

✦ The Plaintiff is entitled to the relief he seeks, including eviction and costs.