Kenyan case law

• Kipkorir Titoo & Kiara Advocate v Reliance Bank Limited (In Liquidation) [2005] KEHC 3268 (KLR)

  ✦ The advocate's bill of costs is set aside and the learned Deputy Registrar will recalculate the final figure based on the instruction fee awarded herein.

  [2005] KEHC 3268 (KLR) High Court of Kenya 26 July 2005

• Kodak Kenya Limited v Edward Kamau Ndungi T/A Edkan Photo Studio [2005] KEHC 1511 (KLR)

  ✦ The judgment entered in default of defense should not be set aside as the defendant has not offered a plausible explanation for the delay and has not raised bona fide issues in his defense.

  [2005] KEHC 1511 (KLR) High Court of Kenya 26 July 2005

• Benjamin Wambua Munguti v Republic [2005] KEHC 1181 (KLR)

  ✦ The conviction is upheld. The appeal is dismissed.

  [2005] KEHC 1181 (KLR) High Court of Kenya 26 July 2005

• Reuben Ngugi Muikia & 2 others v Republic [2005] KEHC 2123 (KLR)

  ✦ Convictions and sentences upheld

  [2005] KEHC 2123 (KLR) High Court of Kenya 26 July 2005

• Nassoro Kombo Mwavuche & another v Republic [2005] KEHC 1962 (KLR)

  ✦ The appeal is allowed, conviction and sentence quashed, and the appellants are released.

  [2005] KEHC 1962 (KLR) High Court of Kenya 26 July 2005

• Republic v Edmond Irungu Macharia [2005] eKLR (Criminal Case 20 of 2004) [2005] KEHC 1834 (KLR) (26 July 2005) (Judgment)

  ✦ The court finds no evidence to prove the Accused committed the murders beyond reasonable doubt and acquits him on both counts.

  [2005] KEHC 1834 (KLR) High Court of Kenya 26 July 2005

• Aweoha Mohamed Said & another v Khadija Abeid Juma [2005] KEHC 2042 (KLR)

  ✦ The house at Mkunumbi belongs to the Respondent and is excluded from the estate. The distribution of the estate shall stand as per the Kadhi's judgment.

  [2005] KEHC 2042 (KLR) High Court of Kenya 26 July 2005

• In Re Prime Outdoor Network Limited [2005] KEHC 2063 (KLR)

  ✦ The Court holds that the Petitioner is a creditor within the meaning of Section 220(a) of the Companies Act and that the Respondent has not made out a plain and obvious case for striking out the petition nor can the Court say that the petition is bound to fail.

  [2005] KEHC 2063 (KLR) High Court of Kenya 26 July 2005

• Aspi Variana v Sadru Kurti & 2 others [2005] KEHC 3293 (KLR)

  ✦ The Amended Plaint is deemed to have been filed within time and the application to strike it out is dismissed. The 2nd Defendant is ordered to pay the costs of the application.

  [2005] KEHC 3293 (KLR) High Court of Kenya 26 July 2005

• Kimatta & Co Advocates v Joyce Wambui Jarvis [2005] KEHC 1437 (KLR)

  ✦ The court dismissed the respondent's preliminary objections.

  [2005] KEHC 1437 (KLR) High Court of Kenya 26 July 2005

• Republic v Edmond Irungu Macharia [2005] KEHC 1978 (KLR)

  ✦ The court finds the evidence insufficient to prove the Accused's guilt beyond reasonable doubt and acquits him on both counts.

  [2005] KEHC 1978 (KLR) High Court of Kenya 26 July 2005

• Kabuki Gathano Kabuki v Republic [2005] KEHC 1878 (KLR)

  ✦ The sentence is reduced to the period already served (1 year and 3 months) due to the circumstances of the case.

  [2005] KEHC 1878 (KLR) High Court of Kenya 26 July 2005

• Republic v Stephen Siaka [2005] KEHC 1897 (KLR)

  ✦ The appeal is dismissed, and the acquittal is upheld

  [2005] KEHC 1897 (KLR) High Court of Kenya 26 July 2005

• In Re the Prime Outdoor Network Limited [2005] KEHC 1226 (KLR)

  ✦ The Court dismisses the Respondent's application to strike out the Winding Up Petition and the petition should proceed to hearing in the usual manner.

  [2005] KEHC 1226 (KLR) High Court of Kenya 26 July 2005

• Margaret Wangiri Mungai & another v Joseph Chege Mungai [2005] KEHC 1450 (KLR)

  ✦ The court dismissed the plaintiffs' claims and ordered them to vacate the properties within 14 days. The court also dismissed the plaintiffs' application for stay of the judgment and setting aside of the same.

  [2005] KEHC 1450 (KLR) High Court of Kenya 26 July 2005

• Elisha Mbaabu v Eusebio Kwiriga & another [2005] KEHC 1562 (KLR)

  ✦ The plaintiff's application is granted, and the suit is set aside. The plaintiff shall proceed to set down the suit for hearing within 90 days from the date of this ruling.

  [2005] KEHC 1562 (KLR) High Court of Kenya 26 July 2005

• KODAK KENYA LIMITED V EDWARD KAMAU NDUNGI T/A EDKAN PHOTO STUDIO [2005] KEHC 619 (KLR)

  ✦ The court dismissed the application to set aside the judgment, finding that the defendant deliberately sought to obstruct the course of justice and there was no bona fide triable issue in the proposed defence.

  [2005] KEHC 619 (KLR) High Court of Kenya 26 July 2005

• Kabuki Gathano Kabuki v Republic [2005] KEHC 1984 (KLR)

  ✦ The sentence is reduced to the period already served (1 year and 3 months) due to the circumstances of the case.

  [2005] KEHC 1984 (KLR) High Court of Kenya 26 July 2005

• Ernest Mukunzi Okwomi & 2 others v Republic [2005] KEHC 1189 (KLR)

  ✦ The proceedings are declared null and the convictions and sentences are set aside.

  [2005] KEHC 1189 (KLR) High Court of Kenya 26 July 2005

• David Owino Otieno v Republic [2005] KEHC 1188 (KLR)

  ✦ The appeal is allowed, the conviction and sentence are quashed, and a retrial is ordered.

  [2005] KEHC 1188 (KLR) High Court of Kenya 26 July 2005

• Meshack Nyamiaka Ong’uti v Kenyatta National Hospital & 2 others [2005] KEHC 1940 (KLR)

  ✦ Application dismissed with costs to the Defendants

  [2005] KEHC 1940 (KLR) High Court of Kenya 26 July 2005

• Reuben Ngugi Muikia and 2 others v Republic [2005] KEHC 1836 (KLR)

  ✦ Convictions and sentences upheld

  [2005] KEHC 1836 (KLR) High Court of Kenya 26 July 2005

• Republic v Evans Muyeka alias Waingo [2005] KEHC 1975 (KLR)

  ✦ The court finds the prosecution's evidence insufficient to prove guilt beyond reasonable doubt and acquits the accused

  [2005] KEHC 1975 (KLR) High Court of Kenya 25 July 2005

• PETER KIMONYE V BARCLAYS BANK OF KENYA LTD [2005] KEHC 596 (KLR)

  ✦ The Plaintiff's claim is struck out as against the 1st Defendant with costs to the 1st Defendant.

  [2005] KEHC 596 (KLR) High Court of Kenya 25 July 2005

• Paul Ngei Kivuva & 2 others v Republic [2005] KEHC 1858 (KLR)

  ✦ The appeals were dismissed. The appellants were convicted and sentenced for breaking into the chemist's shop and stealing the items. Julius Mwakio was convicted of possessing charms contrary to the Witchcraft Act and sentenced to 8 months. The sentences were ordered to run concurrently.

  [2005] KEHC 1858 (KLR) High Court of Kenya 25 July 2005