Kenyan case law

JOSEPH ANYANGA v REPUBLIC [2006] KEHC 1255 (KLR)

✦ Ownership of stolen property is uncertain, and the charge of theft was not proved beyond reasonable doubt. The sentence was irregular and misplaced.

CHURCH COMMISSIONERS OF KENYA v JULIA AYENGO’ & 4 others [2006] KEHC 843 (KLR)

✦ The application is granted, and the ex-parte interlocutory judgment, the judgment of Hon. Justice Kubo, and the subsequent decree are set aside.

MARY NJERI KIMORI v ANNE WANGARI GICHARU [2006] KEHC 1590 (KLR)

✦ The court holds that the plaintiff failed to provide sufficient material to establish the ownership of the property in question and that the defendant was not disposing of her property with the intent to obstruct or delay the execution of any decree against her.

KIMANI MUNIU v ZEKIAH NJAU & OTHERS [2006] KEHC 1501 (KLR)

✦ The application is allowed and the applicant is substituted as the plaintiff.

COMMUNICATIONS COMMISSION OF KENYA v ROYAL MEDIA SERVICES LIMITED [2006] KEHC 1453 (KLR)

✦ The preliminary objection is dismissed with costs to the plaintiff.

CO-OPERATIVE BANK OF KENYA v VICTORIA INSURANCE BROKERS LIMITED [2006] KEHC 1535 (KLR)

✦ The court orders a stay of execution of the Deputy Registrar’s order if the plaintiff deposits a banker’s bond or guarantee for the sum in the decree from a reputable bank or financial institution within the next 14 days.

JOSHUA OMONDI AWUOR v KENYA RAILWAYS CORPORATION (? 210 of 2006) [2006] KEHC 1645 (KLR) (31 July 2006)

✦ The court allows the plaintiff's application for permission to sue as a pauper, finding that the plaintiff's claim of destitution and inability to support his children is prima facie established.

KENNEDY GITAU NGUGI v REPUBLIC [2006] KEHC 1653 (KLR)

✦ The evidence of identification by PW2 and PW3 was not reliable due to the lack of clarity in the circumstances of the observation, the length of time, and the distance and lighting conditions.

Republic v Judicial Commission of Inquiry into the Goldenberg Affair & 2 others; Saitoti (Ex parte) (Miscellaneous Civil Application 102 of 2006) [2006] KEHC 1412 (KLR) (31 July 2006) (Judgment)

EARNEST MWAI MUYA v REPUBLIC [2006] KEHC 1661 (KLR)

✦ The sentence is commuted to the term already served due to the Appellant's failing health and the limited resources within the prison service.

REPUBLIC v BUSIA MUNICIPAL LAND DISPUTES TRIBUNAL & another [2006] KEHC 1242 (KLR)

✦ The application is granted in terms of prayer 1 and 2 of the application.

MARTIN KAMAU NJUGUNA & ANOTHER v MUKUYUNI FARMERS COMPANY LTD (? 699 of 2004) [2006] KEHC 1643 (KLR) (31 July 2006)

✦ The preliminary objection is upheld, and the Notice of Motion is struck out with costs to the respondents.

LUCIE NDUKU MWANGANGI v KAHAWA SUKARI LTD & ANOTHER [2006] KEHC 1401 (KLR)

✦ The application is allowed

Kamau Mwangi & another v Grace Wangui Macharia (Suing as the Legal Representative of the Estate of Gerald Muchai Karanja – Deceased ) [2006] KEHC 3409 (KLR)

✦ The court sets aside the award of Kshs.691,095 and substitutes it with Kshs.451,095.

PATRICK KOMU NJOROGE v JECINTA KARANJA & another [2006] KEHC 3407 (KLR)

✦ The application for an order of injunction restraining the respondents from interfering with the Business Plot Number 93 Gilgil Town Main Road is hereby dismissed with costs to the respondents.

CHURCH ROAD DEVELOPMENT CO. LTD v BARCLAYS BANK OF KENYA LTD & 2 others [2006] KEHC 1585 (KLR)

✦ The plaintiff's notice of withdrawal of suit did not end the suit and its costs. The plaintiff's undertaking to pay damages remains in force. The defendants can pursue an inquiry into damages.

AMALGAMATED SAW MILLS LTD v TABITHA WANJIKU [2006] KEHC 1191 (KLR)

✦ The appeal succeeds with costs to the appellant. The judgment and decree of the lower court is set aside and the respondent's case in the lower court is dismissed with costs.

AIRLAND TOURS AND TRAVEL LTD v NATIONAL INDUSTRIAL CREDIT BANK LTD [2006] KEHC 1591 (KLR)

✦ The plaintiff's suit is hereby dismissed, with costs to the defendant.

In re Estate of Stephen Kibet Arap Chumo (Deceased) [2006] KEHC 880 (KLR)

✦ The confirmed grant is revoked, and a new grant is issued jointly with the widow and one of the sons.

N.S.I v A.S.A [2006] KEHC 1074 (KLR)

✦ The court ordered the defendant to have custody of the three last remaining children until they reach the age of majority, with the plaintiff having unlimited access to the children during school holidays and weekends.

JOSEPH TUITOEK & another v JOSEPH KAMANDE KURIA [2006] KEHC 1180 (KLR)

✦ The suit should be dismissed for want of prosecution with costs to the defendant

ONALO & CO. ADVOCATES v EXPORT PROCESSING ZONE [2006] KEHC 1640 (KLR)

✦ Application dismissed with costs

MASLOW AGENCIES LTD v TOB COHEN [2006] KEHC 1377 (KLR)

✦ The plaintiff's Chamber Summons is dismissed with costs.

SALESIO KARIUNGA v REPUBLIC [2006] KEHC 1568 (KLR)

✦ The appellant and co-accused were found guilty of attempted robbery and escape from lawful custody.

E.K.K v J.C.K [2006] KEHC 821 (KLR)

✦ Decree nisi issued dissolving marriage; marriage remains null and void