Kenyan case law

MOHAMMED ASHRAF SADIQUE & another v MATTHEW OSEKO T/A OSEKO AND COMPANY ADVOCATES [2009] KEHC 1812 (KLR)

✦ The court found the applicants' advocates guilty of contempt of court and ordered them to serve prison sentences or fines.

REPUBLIC v PETER KURIA KABURU [2009] KEHC 1801 (KLR)

✦ The accused is convicted of murder, and the court declines to acquit him due to the violation of his constitutional rights. The court orders that the accused be punished for the offense and that the police compensate him for the violation of his rights.

JOSIAH LANDY MRASHUI & another v JOHNSON MWANDAWIRO & 6 others [2009] KEHC 1673 (KLR)

✦ The court stands over the matter generally and does not make an order as to costs.

AFRO SUGAR CO. LIMITED & another v LEVI JUMA ELIUD [2009] KEHC 1910 (KLR)

✦ The award of general damages is reduced from Shs. 280,000/= to Shs. 210,000/= and further reduced by 35% which amounts to Shs. 136,000/=

MARITE ENTERPRISES LTD v WILLIAM KAMITI [2009] KEHC 1998 (KLR)

✦ The appeal proceedings from July 17, 2009 are expunged from the record, and the parties are directed to move the court for directions in terms of Order XLI rule 8B.

MAWJI PATEL v TONY KETER [2009] KEHC 1919 (KLR)

✦ The court declines to grant the order for stay of sale and orders that the Nandi property, LR. No. 9399/29 Nandi South District, be discharged.

KIPSIGIS TRADERS LIMITED v SAMWEL KIPRONO SANG [2009] KEHC 978 (KLR)

✦ The suit is dismissed for lack of prosecution with costs to the defendant.

PERPETUA JERONO BARTOO v ROBERT KIPSANG YEGON & another [2009] KEHC 1934 (KLR)

✦ The application is allowed in terms of prayer (a) and (b) of the ex parte Chamber Summons dated 11th May, 2009.

ALVIN KAMANDE NJENGA & another v ESTHER NJERI NJENGA & 5 others [2009] KEHC 1698 (KLR)

✦ The plaintiffs' application for injunction orders is granted, maintaining the status quo until the determination of the suit.

REPUBLIC v SAMUEL WAINAINA KARIUKI [2009] KEHC 2010 (KLR)

✦ The delay of one day in taking the accused to court does not render the proceedings illegal or null and void.

REPUBLIC v APOLLO NDUNGU MWAURA [2009] KEHC 2015 (KLR)

✦ The constitutional rights of the accused were violated, but the proceedings are not nullified. The accused should pursue compensation.

CHARLES WACHIRA NGUNDO v CORPORATE INSURANCE CO. LTD [2009] KEHC 1420 (KLR)

✦ The court finds no merit in the defendant's application and dismisses it with costs.

REPUBLIC v KENYA SUGAR BOARD & another Ex-parte WESTERN INVESTMENTS [2009] KEHC 1888 (KLR)

✦ The 1st respondent has acted unreasonably and contrary to the principles of natural justice. The application is allowed, and certiorari and mandamus orders are granted.

MARTIN TINDI KHAEMBA v ATTORNEY GENERAL & 2 others [2009] KEHC 1370 (KLR)

✦ The application is dismissed with costs to Respondent.

MOHAMED MAMBO & 3 others v RICHARD LIVINGSTONE HAWKINS & 4 others [2009] KEHC 792 (KLR)

✦ The court grants the prayers sought in the Amended Originating Summons and declares the Plaintiffs proprietors of the suit property, ordering them to be registered as follows: 1st Plaintiff - Plot No. 102, 2nd Plaintiff - Plot No. 993, 3rd Plaintiff - Plot No. 104, and 4th Plaintiff - Plot No. 103.

REPUBLIC v PATRICK MZUNGU ATETUA [2009] KEHC 2012 (KLR)

✦ The delay of one day is not a violation of the accused's constitutional rights.

EUPHAMIA AWINO ODEGO v MARTIN INGUDI OSODO [2009] KEHC 1729 (KLR)

✦ The court awards the plaintiff Kshs.5,138,469 in total, including Kshs.2,100,000 for pain and suffering, Kshs.2,755,200 for loss of future earnings, Kshs.154,000 for future medical expenses, and Kshs.129,269 for special damages.

In Re Estate of Christopher Jude Adela (Deceased) [2009] KEHC 2003 (KLR)

✦ The grant of Letters of Representation and certificate of confirmation are revoked.

MALINDI MANAGEMENT STRATEGY LIMITED v MAJENGO LAUNDRY CORNER (Civil Appeal 56 of 2009) [2009] KEHC 1687 (KLR) (28 September 2009) (Ruling)

✦ The court grants the Appellant's prayer 2 on condition that the entire decretal sum of Shs.244,597 is deposited in court within 30 days, with the balance of Kshs.169,597 to be deposited.

HARRISON MWANGI v NJOROGE GITAU [2009] KEHC 406 (KLR)

CHARLES MIGWI KINYINGI v BLESSED LAND HOUSING COMPANY LTD. & others [2009] KEHC 1706 (KLR)

✦ The Court confirms and makes absolute the sale of the property to the Plaintiff and vests it in his name free from encumbrances. Costs are to be borne by the Defendant.

CHRISTINE GATHONI v ESTHER GITURA [2009] KEHC 1625 (KLR)

✦ The learned magistrate's judgment was not erroneous and the appellant's appeal was dismissed.

CARZAN FLOWERS (KENYA) LTD & 2 others v TARSAL KOOS MINCK B. V & 4 others [2009] KEHC 1677 (KLR)

✦ Arbitration clause exists and proceedings are stayed pending arbitration

M’MAKINYA M’ITUNGA v KARUNTIMI RAIJI [2009] KEHC 1908 (KLR)

✦ The court finds that the plaintiff's claim of adverse possession is valid and declares that he owns the lower side of the suit property. The defendant is ordered to register the lower portion in the plaintiff's estate and the upper portion in the defendant's name.

SERPHINE ANYANGO ANDURU & another v ANGELINE ANDURU & 2 others (Miscellaneous Succession Cause 290 of 2007) [2009] KEHC 1387 (KLR) (25 September 2009) (Ruling)

✦ The application is dismissed with costs. The firm of Rodi, Orege & Company Advocates is not disqualified from acting for the respondents.