Kenyan case law

Republic v District Works Officer Ministry of Roads,Public Works & Housing Nakuru Ex-Parte Mark Nganga Githiru [2005] KEHC 1815 (KLR)

✦ The court grants the prayers and orders the respondent to quash the decision and prohibit enforcement

Kanyiri Ngure v Johana Githiaka & another [2005] KEHC 2039 (KLR)

✦ The Appellant had satisfied his claim to half the interest in the suit land, and the appeal is allowed with costs; the Judgment and decree of the lower court are set aside, and the Appellant is entered as the winner in the suit.

NYAMODI OCHIENG NYAMOGO v KENYA POSTS & TELECOMMUNICATIONS CORPORATION [2005] KEHC 3055 (KLR)

✦ Application for leave to amend pleadings orally is rejected.

Republic v Benard Keter Ng’eno [2005] KEHC 3381 (KLR)

✦ The case is hereby dismissed. The Accused is hereby discharged and shall not be liable to any further proceedings for the same offence. The Subject should be released forthwith unless held lawfully.

FIDELITY COMMERCIAL BANK V MICHEAL RURAYA MWANGI & ANOTHER [2005] KEHC 3372 (KLR)

ERF Kenya Limited v Bustrack Limited & another [2005] KEHC 1930 (KLR)

✦ The defence is struck out and judgment is entered in favour of the plaintiff

Republic v Registrar of Societies ex-Parte Justus Nyangaya & 3 others [2005] KEHC 1854 (KLR)

✦ The order entered by the Deputy Registrar is set aside, and the Registrar of Societies is stayed from registering any changes arising out of a National Leaders Conference for 14 days.

Kiprono Arap Biegon v John Arap Bii & another [2005] KEHC 3307 (KLR)

✦ The plaintiff's suit is struck out with costs due to being res judicata.

Kenya Oil Co. Ltd v Fleur Investments Ltd [2005] KEHC 1499 (KLR)

✦ The leave to amend the Plaint is granted.

Thadeus Muumo Mulwa v Republic [2005] KEHC 1960 (KLR)

✦ The appeal is successful, and the sentence is set aside. A Probation Report will be called for on 26th July, 2005.

In Re the Estate of Nandal Chirenik Manikilal [2005] KEHC 3259 (KLR)

✦ The prosecution proved malice and the existence of the property destroyed. The appellants' claim to the disputed property was not valid.

Republic v Rashid Mwakiwiwi,Town Clerk & Accounting Officer & another Ex-Parte Mombasa Fire Brigade Association [2005] KEHC 2090 (KLR)

✦ Application is allowed with costs to Applicants.

DAVID KAMAU V SAVINGS & LOAN KENYA LTD [2005] KEHC 3367 (KLR)

✦ The court dismisses the plaintiff's application for a stay of execution of the September 29, 2004 order, finding it misconceived and without merit.

Kanyenje Gakombe v Muriithi Wanjau [2005] KEHC 2031 (KLR)

✦ This court concurs with the Appellant's submissions and allows the appeal, setting aside the lower court's judgment and decree, and dismissing the Respondent's suit with costs to the Appellant.

Njeru Ngunjurano v Njue Ngunjurano [2005] KEHC 1537 (KLR)

✦ The appeal is dismissed as there was no proper objection before the trial magistrate and the appellant did not protest to the confirmation of the grant.

Njeru Ngunjurano v Njue Ngunjurano [2005] KEHC 2093 (KLR)

✦ The appeal is dismissed as there was no proper objection before the trial magistrate and the appellant had no objection to the confirmation of the grant.

Charles Wanjohi Muthumbi v Grace Nyawira Maheni [2005] KEHC 1891 (KLR)

✦ The court allows the application to extend the time for filing the record of appeal

Christine Nyamalwa v Syad Walayat Sha & another [2005] KEHC 1427 (KLR)

✦ The court granted the plaintiff's application for leave to serve the defendants by advertisement.

Cecilia Wairimu Njagi & another v Peris Kemuma Nyarega [2005] KEHC 2022 (KLR)

✦ The court does not determine the authenticity of the defendant's purchase but orders the defendant to vacate the premises and maintain the status quo until the suit is heard.

ALLESANDRO PICCIO & another v GIULIO GIRO [2005] KEHC 341 (KLR)

✦ The suit and application for judgment are struck out with costs due to the defects in the verifying affidavit and the failure to comply with mandatory requirements of the Advocates Act.

Lacote Limited v Henry Oulo Ndede (Civil Appeal 127 of 2002) [2005] KEHC 2045 (KLR) (Civ) (20 July 2005) (Judgment)

✦ The appeal will succeed, and the lower court's ruling and decree will be set aside with costs to the appellant.

Republic v Dickson Mwandiki M’Obici & Another [2005] KEHC 3253 (KLR)

✦ Both accused persons are found guilty of murder and sentenced to death.

Robinson Karuri & 11 others v Kenya Railway Corporation [2005] KEHC 1781 (KLR)

✦ The court dismisses the application with costs to the respondent.

Robinson Karuri & 11 others v Kenya Railway Corporation [2005] KEHC 1299 (KLR)

✦ The court dismisses the application with costs to the respondent.

Njuha Mugo & another v Tabitha Wairimu Muthanga [2005] KEHC 2112 (KLR)

✦ The appeal is allowed, and the orders made by the trial magistrate are set aside. The file is referred back to the Senior Resident Magistrate's court for the issue of confirmation of the grant and distribution of the deceased's estate.