Kenyan case law

Mutegi Karega v Joseph Kinyanjui & another [2010] KEHC 1073 (KLR)

✦ The application is dismissed with costs to the Plaintiff/Respondent.

Omoi & 5 others v Orogo (Civil Appeal 110 of 2010) [2010] KEHC 1099 (KLR) (22 July 2010) (Judgment)

✦ The deceased's wishes override the respondent's customary law right to bury her body in his ancestral home in Kisii. The appellants are given the right to bury the deceased at her home in Njoro in accordance with her wishes.

KAMBI MWADULUNGO EDWARD v REPUBLIC [2010] KEHC 1738 (KLR)

✦ The Appellant's conviction and sentence are set aside due to unreliable evidence of identification and contradictions in the prosecution's case.

Belida Shibutse v Sabina Wafula Nyongesa [2010] KEHC 2196 (KLR)

✦ The Appellant's appeal is upheld, and the permanent injunction is set aside.

Peris Wanjiku Mukuru v Stephen Kahura Njuguna [2010] KEHC 1660 (KLR)

✦ The application is allowed, and the dismissal order is set aside. The application dated 4th March, 2008 is hereby reinstated.

MARY WANJIRU MAINA v SARAH KARANDA & Two Others [2010] KEHC 1642 (KLR)

✦ The plaintiff is declared the lawful owner of the land. Any person on the land without the plaintiff's authority shall vacate it forthwith, and a perpetual order of injunction is issued against the 1st defendant and any other person on the land without the plaintiff's authority.

JUMA HASSAN TUMBO v REPUBLIC [2010] KEHC 1732 (KLR)

✦ The conviction and sentence are quashed due to the defect in the charge sheet, which renders the charge fatally defective.

Samuel Keboka Mwita & another v Republic [2010] KEHC 1086 (KLR)

✦ The appellants' conviction is quashed, and they are set at liberty.

PETER ORIAH OLOGOR v REPUBLIC [2010] KEHC 2136 (KLR)

✦ The conviction and sentence are quashed and the Appellant is set free

JOSEPHAT STANDA MATANDA & ANOTHER v REPUBLIC [2010] KEHC 568 (KLR)

✦ The appeals should not be left in limbo and the appellants should be given a reasonable end to their appeals.

Japheth Mutasi Khisa & another v Akamba Public Road [2010] KEHC 2191 (KLR)

✦ The appeal is dismissed as the application to appeal out of time has not been admitted and the preliminary objection will not be heard.

John Kungu Murambacha v Republic [2010] KEHC 1655 (KLR)

✦ The conviction is quashed and the sentence set aside. The appellant is set at liberty.

ACHOLA JAOKO & CO. ADVOCATES v NEELCON CONSTRUCTION SERVICES LTD. [2010] KEHC 1781 (KLR)

✦ The Court finds in favor of the Plaintiff and enters judgment for the sum of Kshs.60,843/= with interest at Court rates from 9th April, 2010 until payment in full. The Respondent is also ordered to pay Kshs.4,020/= for further court fees and the costs of the application.

Christopher Waithaka v Barclays Bank of Kenya Limited [2010] KEHC 2096 (KLR)

✦ The plaintiff's motion is dismissed with costs to the defendant.

REPUBLIC v LINA JEPKEMBOI LAGAT & FIVE OTHERS [2010] KEHC 2184 (KLR)

✦ The motion is dismissed as it is not within the court's jurisdiction for a judicial review proceeding

REPUBLIC v MARTIN WAFULA KISIANGANI [2010] KEHC 2193 (KLR)

✦ The accused is found guilty of manslaughter instead of murder.

HARUN THUNGU WAKABA v ATTORNEY GENERAL [2010] KEHC 2226 (KLR)

JOSEPH MUSYOKA MUTUNGI v REPUBLIC [2010] KEHC 1173 (KLR)

✦ The appeal is dismissed. The conviction and sentence are upheld.

EDWARD KIMOTHO MBIA v BENINAH GACIRIKU MBIA & ANOTHER [2010] KEHC 2025 (KLR)

✦ The Appellant is not entitled to inherit any part of the deceased's estate.

NJOKI WANJUKI NJUKI v FRANCIS IRERI KIANDARI [2010] KEHC 2024 (KLR)

✦ The application is dismissed with costs to the defendant.

EDWIN K. NJAGI t/a E.K. NJAGI & CO. ADVOCATES v LUCY WAITHERA MWANGI & 2 OTHERS [2010] KEHC 1793 (KLR)

✦ The application for judgment is stayed to await the outcome of the Respondents' reference.

LEDISHAH J.K. KITTONY & COMPANY ADVOCATES v BARNABAS TENDENEI [2010] KEHC 1865 (KLR)

✦ The application is dismissed for being without merit.

LEDISHAH J.K. KITTONY & COMPANY ADVOCATES v BARNABAS TENDENEI [2010] KEHC 2171 (KLR)

✦ The application is dismissed for being without merit.

NEMESIONS NGECHU MWAI v JULIUS NJARAMBA IRUNGU [2010] KEHC 1977 (KLR)

✦ The appeal is allowed, and the judgment of the trial court is set aside. The appellant is awarded the purchase price of KShs.45,000 with interest, and the costs of the suit.

REPUBLIC v ANDREW BARASA SIMIYU [2010] KEHC 2194 (KLR)

✦ The accused is found guilty of manslaughter.