Kenyan case law
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David Mwaniki Mwangi v Republic [2005] KEHC 1643 (KLR)
✦ The conviction and sentence are quashed due to the irregularities in the trial and the unqualified prosecution.
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Saina Cheruiyot v Fredrick Ouma Omonde [2005] KEHC 1936 (KLR)
✦ The court grants the application and extends the time for lodging an appeal
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Kemaco Industries Limited & another v Abdirahiman Muhamed Abdi [2005] KEHC 805 (KLR)
✦ The temporary restraining order is granted pending the hearing and final determination of the suit.
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Tom Boaz Okwedoro v Barrack Yomba Omayo & another [2005] KEHC 1669 (KLR)
✦ The court finds that the plaintiff does not have any cause of action against the defendants and strikes out the suit with costs to the defendants.
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Peter Kimonye v Barclays Bank of Kenya Ltd [2005] KEHC 1492 (KLR)
✦ The Plaintiff's pleading is struck out as against the 1st Defendant with costs to the 1st Defendant
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David Mwaniki Mwangi v Republic [2005] KEHC 1866 (KLR)
✦ The conviction and sentence are quashed, and the Appellant is released.
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Mutema Uuki Wines & Spirits Distributors Limited v R. K. Investments Co. Limited & another [2005] KEHC 1522 (KLR)
✦ The case proceeds from where it had reached before Justice Waki ceased to exercise jurisdiction.
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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
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Kemaco Industries Limited & another v Abdirahiman Muhamed Abdi [2005] KEHC 1412 (KLR)
✦ The plaintiffs are the registered owners of the land and the defendant trespassed without any colour or right.
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David Mwaniki Mwangi v Republic [2005] KEHC 1837 (KLR)
✦ The conviction and sentence are quashed, and the Appellant is released.
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Republic v Registrar of Co-operative Society & another Ex-Parte Ephantus Mvuria Kwenja & 8 others [2005] KEHC 970 (KLR)
✦ The preliminary objections are upheld, and the judicial review application is struck out with costs to the 2nd respondent.
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MUNICIPAL COUNCIL OF GARISSA V ADEN KEHIR ADEN & 2 OTHERS [2005] KEHC 3364 (KLR)
✦ The court orders the status quo until the hearing of the case, with the injunction not being enforceable due to the substantial development of the land.
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Matrix Technologies Limited v Sheila Kinya Maingi T/A Riziki Communications [2005] KEHC 1769 (KLR)
✦ The court orders the plaintiff to provide further and better particulars of the plaint within 14 days.
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Menyee & Kirima Advocates v Kenya Commercial Bank [2005] KEHC 1789 (KLR)
✦ The court refuses the application with costs to the client, stating that the client has raised serious issues with regard to accounts as between it and the advocate, and that the court should not enter judgment under subsection (2) of section 51 of the Advocates Act.
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KENYA RE-INSURANCE CORPORATION V JUSTUS GACHIMU NGUNIA & PHILLIS NYAMBURA [2005] KEHC 3374 (KLR)
✦ The Plaintiff is not entitled to interest at the rate of 24% per annum. The Plaintiff is entitled to interest at the contractual rate of 5% per annum from 1st March, 1985 to 3rd May, 1999.
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Beatrice Awino Odendo v Konoike Veidekke Murray & Roberts & another [2005] KEHC 3379 (KLR)
✦ The objection to the application is not valid, and the Chief Magistrate's Court has jurisdiction to try the case. The case is therefore transferred to the High Court of Kenya at Kisumu.
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Mohammed Olunga Oduori v Mumias OutGrowers Co. Ltd & another [2005] KEHC 1568 (KLR)
✦ The affidavit was fatally defective and the plaint was not accompanied by a competent affidavit as required by Rule 1(2) of Order VII of the Civil Procedure Rules.
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Awo Shariff Mohammed v Abdul Kadir Shariff Abdirahim & another [2005] KEHC 787 (KLR)
✦ The order made on 7th April 2005 is set aside and the defendants can proceed with their case.
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Awo Shariff Mohammed v Abdulkadir Shariff Abdirahim & another [2005] KEHC 1731 (KLR)
✦ The order made on 7th April 2005 is set aside and the defendants can proceed with their case.
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National Bank of Kenya v Gichuru Wa Kamotho T/A Naivasha Garments [2005] KEHC 1709 (KLR)
✦ The plaintiff has proved its case on all probabilities, and judgment is entered in favor of the plaintiff.
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Beatrice Awino Odendo v Konoike Veidekke Murray & Roberts & another [2005] KEHC 1584 (KLR)
✦ The Chief Magistrate's Court has jurisdiction to try the case, and the objection to the transfer is not valid.
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Adams Brown & Company Ltd v Commissioner of Lands & another [2005] KEHC 1306 (KLR)
✦ The court grants the application for leave to amend the statutory statement and file an affidavit.
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Joseph Gitau & 2 others v Ukay Estate Limited [2005] KEHC 2008 (KLR)
✦ The application is dismissed. The plaintiffs' amended complaint is not struck out or dismissed with costs.
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Rukiya Mohammed Saleh v Firdoz Habib [2005] KEHC 1818 (KLR)
✦ There are no arrears of rent, and the landlord's application was based on untruths. Ex parte orders are set aside, and the tenant is granted orders for costs.
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African Highlands & Produce Co Ltd v Collins Moseti Ontweka [2005] KEHC 2110 (KLR)
✦ The appellant shall deposit a further sum of Kshs 40,000/= in a joint interest earning account in the names of the appellant and the respondent as further security for costs pending the hearing and determination of the appeal to be filed in the Court of Appeal.