Kenyan case law

In Re Adoption of T.B. (A Baby) [2009] KEHC 1771 (KLR)

✦ The court finds the Applicants fit to adopt the child and orders the adoption.

John Elimlim v Republic [2009] KEHC 1817 (KLR)

John Macharia Gachanja V Republic [2009] KEHC 1815 (KLR)

REPUBLIC v BENARD KIMATHI MIANGA [2009] KEHC 2044 (KLR)

✦ The accused's constitutional rights were violated, and he is acquitted of the charge of murder.

DAVID NJOROGE NJENGA v JEMIMAH NJUGUNA [2009] KEHC 1047 (KLR)

✦ Application for stay of execution of dismissal order is dismissed as the order is not capable of execution

REPUBLIC v NATHAN MWITO M’IBABARI [2009] KEHC 2035 (KLR)

✦ The accused is informed of his right to address the court, give evidence, or call witnesses in his defence.

REPUBLIC v MOSES KOBIA NCHEBERE [2009] KEHC 2036 (KLR)

✦ The court acquits the accused of murder and orders his release from custody.

Donald Majiwa Achilwa & 2 Others v Republic [2009] KEHC 1816 (KLR)

JOSEPH K. METHU & 34 OTHERS v ATTORNEY GENERAL [2009] KEHC 1821 (KLR)

✦ The High Court has jurisdiction to hear and determine the petition.

Douglas Thiongo Kibocha v Republic [2009] KEHC 1818 (KLR)

MICHAEL MUTHEE MUAZI v REPUBLIC [2009] KEHC 2030 (KLR)

✦ The appeal is dismissed. The learned magistrate did not err in law by convicting the appellant on a plea of guilt. The sentence of six months imprisonment was not excessive.

KRK IMPEX PVT LIMITED v SAFMARINE KENYA LIMITED & another [2009] KEHC 1683 (KLR)

✦ The Preliminary Objection is rejected.

In Re matter of Adoption of A.S (Infant) [2009] KEHC 1850 (KLR)

✦ The court grants the adoption application and authorizes the Applicants to adopt the child.

RAJESH R. SHAH & another v BRITISH AMERICAN INSURANCE CO. LTD [2009] KEHC 1859 (KLR)

✦ The first plaintiff is entitled to judgment for half the amount of both policies.

REPUBLIC v SAMWEL MWIRIGI NKANATA [2009] KEHC 2041 (KLR)

✦ The accused's constitutional rights were violated, and the trial cannot continue due to the delay.

REPUBLIC v CHAIRMAN MERU CENTRAL LAND DISTRICT TRIBUNAL & 3 others [2009] KEHC 1757 (KLR)

✦ The ex parte application is dismissed with costs to the interested party. The orders of stay of proceedings are lifted and vacated.

REPUBLIC v COMMISSIONER FOR CO-OPERATIVE DEVELOPMENT & OTHERS [2009] KEHC 1906 (KLR)

✦ The application is dismissed with the applicant bearing the costs of both the respondents and interested parties.

NAOMI MICHELE LEVY v MARIANNE WILDT & 3 others [2009] KEHC 714 (KLR)

✦ The application is dismissed as the 2nd and 3rd respondents are innocent purchasers of the property without notice of any caveat or court order.

REPUBLIC v LAND ADJUDICATION OFFICER IGEMBE/TIGANIA DISTRICT [2009] KEHC 794 (KLR)

✦ The ex parte applicant's application is merited, and the decision of the Adjudication Officer is quashed and the matter remanded for reconsideration with the aid of a committee.

REPUBLIC v COMMISSIONER OF POLICE & 2 OTHERS Ex-parte CHARLES KIMATHI BUNDI [2009] KEHC 1868 (KLR)

✦ The court orders the respondent to reinstate the applicant's salary and to deploy or assign duties to the applicant.

FRANCIS M.M. ACHIYENZA & BENETA ACHIYENZA v RAPHAEL SHIKUNDI (Civil Appeal 25 of 2007) [2009] KEHC 1574 (KLR) (1 October 2009) (Judgment)

✦ The respondent is the rightful owner of the land and the appellants should vacate it.

REPUBLIC v ANDREW K. MIBEI & 5 OTHERS [2009] KEHC 984 (KLR)

✦ The preliminary objection is frivolous and unmeritorious

JOHN RODGERS MIDEGA V LAND REGISTRAR KAKAMEGA [2009] KEHC 236 (KLR)

✦ The application is dismissed as incompetent due to lack of leave to file and no evidence of service on all affected respondents.

M’MBWIRIA M’ARACHI v M’MUKIRI M’ARIMI & 3 OTHERS [2009] KEHC 1959 (KLR)

✦ The learned magistrate’s judgment is upheld, and the appellant’s appeal is dismissed with costs.

IN RE THE MATTER OF THE ESTATE OF KIPRUTO ARAP TENGECHA (DECEASED) [2009] KEHC 118 (KLR)

✦ The confirmed grant is revoked.